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Full text of "Ordinances and resolutions of the mayor and City Council of Baltimore. "

ORDINANCES AND RESOLUTIONS , 

OF THE 

Mayor and City Council 

OF BALTIMORE. Ol^r}rJAhJCSQ =r^/ 
PASSED AT THE ANNUAL SESSION 1973-1974 




Baltimore 

King Brothers, Inc. 

City Printers 

1975 



Digitized' Dy1:he Internet Archive 

in 2012 with funding from 

LYRASIS IVIembers and Sloan Foundation 



http://archive.org/details/ordinances74balt 



ORDINANCES 

PASSED AT THE ANNUAL SESSION 
1973-1974 

No. 476 
(Council No. 733) 

An Ordinance authorizing the Mayor and City Council of 
Baltimore to sell at either public or private sale in ac- 
cordance with Article V Section 5(b) of the City Char- 
ter, all of the interest of the Mayor and City Council of 
Baltimore in and to those parcels of ground situate in 
Baltimore City known as Nos. 1905 Ashland Avenue, 
r^OOy Wiy ^W^ 7^ W4rj 70^ 70% 747t W^ st^ 709 Crisp 
St^etr 416 E. and 1930 E. Eager Street, M04 i^atts Sea4T 
1405 N. Fulton Avenue, 1601, 1621 Hakesley Place, 1327 
W. Lanvale Street, 411 N. Madeira Street, 1907 Mc- 
Culloh Street, 35, 143 N. Patterson Park Avenue, 1816 
N. Register Street, 27 S. Washington Street, 817 Nr Wash- 
ington Street, 1372 Washington Boulevard, parcel situate 
at the SEC Cator Avenue and Elkader Road, known as 
Lot 1 City Block Plat 3972C, parcel situate on the WS 
Marlora Road 521 feet 11 inches east of Chinquapin 
Parkway, known as Lot 59 City Block Plat 5137C, parcel 
situate eft the WS Wostphial Pia^e &3 feet fto*^ of Well s 
Street, kftewft as Lot 53 City Bl o ck ^lat 1031, parcel 
situate on the NWS of a 10 foot alley first NW of 
Wilkens Avenue rear of 3118-38 Wilkens Avenue, known 
as Lot 64 City Block Plat 2113. Said property being 
no longer needed for public use. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Comptroller of Baltimore City be and 
he is hereby authorized to sell at either public or private 
sale in accordance with Article V Section 5(b) of the City 
Charter, all of the interest of the Mayor and City Council 
of Baltimore in and to those parcels of ground situate in 
Baltimore City known as No. 1904 Ashland Avenue, TOOy 
?ai, 703, 7-Oa, W4j 705, 70^ TOT^ TOS^ a^^ TOO €^4sp 
Street, 416, 1930 E. Eager Street, 3404 $^a4fe Rea47 1405 
N. Fulton Avenue, 1601, 1621 Hakesley Place, 1327 W. 
Lanvale Street, 411 N. Maderia Street, 1907 McCulloh 



4 ORDINANCES Ord. No. 477 

Street, 35, 143 N. Patterson Park Avenue, 1816 N. Reg- 
ister Street, 27 S. Washington Street, 817 N. Washing- 
ton Street, 1372 Washington Boulevard, Parcel situate at 
the SEC Cator Avenue and Elkader Road known as Lot 1 
City Block Plat 3972C, Parcel situate on the WS Marlora 
Road 521 feet 11 inches East of Chinquapin Parkway, 
known as Lot 59 City Block Plat 5137C, Parcel situate eft 

fV>P wq Wrrtr >h n 1 Plnnp S2 fo ot -nn rfh nf Wr11 " 9fropt Imn wTi 

as Let 52 Oity ^leek ^ktt iOgi^ Parcel g situate on the NWS 
of a 10 foot alley first NW of Wilkens Avenue in the rear 
of 3118-38 Wilkens Avenue known as Lot 64 City Block 
Plat 2113. Said property being no longer needed for public 
use. 

Sec. 2. And be it further ordained, That no deed or deeds 
shall pass in accordance herewith until the same shall 
have been first approved by the City Solicitor. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved December 6, 1973. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 477 
(Council No. 752) 

An Ordinance to repeal and reordain with amendments, 
Section 45 of Article 28 of the Baltimore City Code 
(1966 Edition), title "Taxes," subtitle "Comptroller," 
providing the authority and procedure whereunder the 
City Comptroller may sell tax sale property. 

Section 1. Beit ordained by the Mayor and City Council 
of Baltimore, That Section 45 of Article 28 of the Baltimore 
City Code (1966 Edition), title "Taxes," subtitle "Comp- 
troller," be and it is hereby repealed and re-ordained, with 
amendments, to read as follows : 



ORDINANCES 6 

45. Re-sales of tax property. 

The City Comptroller may [after receiving deed for 
any property purchased by the Mayor and City Council of 
Baltimore at sales of property by the City Collector for 
non-payment of taxes,] from the certified list hereinafter 
provided for, offer for sale any property purchased by the 
Mayor and City Council of Baltimore at sales of property 
by the Director of Finance for non-payment of taxes, 
[offer the said property for sale] at either public or private 
sale, and if an offer be made for any such property which 
in the judgment of said City Comptroller shall be advan- 
tageous to the Mayor and City Council of Baltimore, the 
said City Comptroller is hereby authorized to accept such 
offer and [the Mayor is] further authorized and directed 
to execute and deliver to the purchaser [a proper] an all 
right, title, and interest deed for the property upon pay- 
ment of the purchase money; provided, however, [that all 
such sales shall be ratified by the Board of Estimates who 
shall join in the execution of the said deed to signify their 
ratification and approval of the said sale; and provided, 
further, that authority for such sale is first obtained by an 
ordinance of the Mayor and City Council, except in such 
cases where the purchaser has a title interest in the 
property, in which latter event no prior authorization by 
an ordinance of the Mayor and City Council shall be re- 
quired,] that the property so offered for sale shall be 
contained in a list of properties, ARRANGED BY COUN- 
CILMANIC DISTRICT, proposed to be sold hereunder 
ivhich shall be from time to time supplied by the City Comp- 
troller TO THE MEMBERS OF THE CITY COUNCIL 
AND to the President of the City Council who shall have 
the list of properties printed PUBLISHED in the City 
Council Journal, and if no ivritten objection to the sale 
thereof by a member of the Council is received by the Presi- 
dent within thirty (SO) days of the printing PUBLISHING 
of the list in the Journal, he shall so certify to the Comp- 
troller; tvhere timely objection to the sale of the properties 
or any of them is made, the same shall be stricken from the 
list prior to certification as aforesaid and provided that all 
such sales shall be ratified by the Board of Estimates, and 
provided further, that no deed or deeds shall pass under 
this section unless the same be approved as to form and 
legal sufficiency by the City Solicitor. IN THE EVENT 



6 ORDINANCES Ord. No. 478 

THAT A MEMBER OF THE CITY COUNCIL SHALL 
FILE SUCH A WRITTEN OBJECTION TO THE SALE 
WITHIN THIRTY (30) DAYS OF THE PUBLISHING 
OF SUCH LIST, THEN THE CITY COMPTROLLER 
SHALL SEEK AUTHORITY FOR SUCH SALE BY ORDI- 
NANCE OF THE MAYOR AND CITY COUNCIL, EX- 
CEPT IN SUCH CASES WHERE THE PURCHASER 
HAS A TITLE INTEREST IN THE PROPERTY, IN 
WHICH LATTER EVENT NO PRIOR AUTHORIZATION 
BY AN ORDINANCE OF THE MAYOR AND CITY 
COUNCIL SHALL BE REQUIRED. 

Sec. 2. And he it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved December 6, 1973. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 478 
(Council No. 980) 

An Ordinance to amend Sheet No. 47 of the Zoning District 
Maps of Article 30 of the Baltimore City Code (1966 
Edition), title ''Zoning," (Ordinance No. 1051, approved 
April 20, 1971) by changing from the M-1-2 Zoning Dis- 
trict to the R-8 Zoning District the property lying south 
of Chase Street and West of Milton Avenue, as outlined 
in red on the plats accompanying this ordinance. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Sheet No. 47 of the Zoning District 
Maps of Article 30 of the Baltimore City Code (1966 Edi- 
tion), title "Zoning," (Ordinance No. 1051, approved April 
20, 1971) be and it is hereby amended by changing from 
the M-1-2 Zoning District to the R-8 Zoning District the 
property lying south of Chase Street and west of Milton 
Avenue, as outlined in red on the plats accompanying this 
ordinance. 



ORDINANCES 7 

Sec. 2. And be it further ordained, That upon passage 
of this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in 
order to give notice to the departments which are admin- 
istering the Zoning Ordinance, the President of the City 
Council shall sign the plat and, when the Mayor approves 
the ordinance, he shall sign the plat. The City Treasurer 
shall then transmit a copy of the ordinance and one of 
the plats to the following: the Board of Municipal and 
Zoning Appeals, the Planning Commission, the Commis- 
sioner K)f the Department of Housing and Community 
Development and the Zoning Administrator. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved December 6, 1973. 

WILLIAM DONALD SCHAEFER, Mayor, 



No. 479 
(Council No. 1025) 

An Ordinance to repeal Ordinance No. 398, approved May 
21, 1928, said ordinance being titled "An Ordinance to 
condemn open and grade Montpelier Street, 50 feet wide 
from the northwesternmost side of Adams Street to the 
southeasternmost side of Montebello Avenue, in accord- 
ance with .a plat thereof filed in the Office of the Com- 
missioners for opening streets, on the ninth day of 
January, 1928, and now on file in said office." 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Ordinance No. 398, approved May 21, 
1928, be and it is hereby repealed. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved December 6, 1973. 

WILLIAM DONALD SCHAEFER, Mayor, 



8 ORDINANCES Ord. No. 480 

No. 480 
(Council No. 1026) 

An Ordinance to condemn and open, all streets and alleys 
referred to among the Land Records of Baltimore City 
and lying within the area bounded by Fayette Street, 
Bond Street, Fairmount Avenue, and Dallas Street in 
accord.ance ^\^th a plat thereof numbered 318-A-18, pre- 
pared by the Surveys and Records Division and filed in 
the Office of the Department of Assessments, on the Fifth 
(5th) day of September, 1973, and now on file in said 
office. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Department of Assessments be, and 
they are hereby authorized and directed to condemn, open, 
.all streets and alleys referred to among the Land Records of 
Baltimore City and lying within the area bounded by Fayette 
Street, Bond Street, Fairmount Avenue, and Dallas Street, 
the streets and alleys hereby directed to be condemned for 
said opening are numbered from one to five and described 
as follows : 

1 — A 3 foot alley beginning at a point on the e,ast side of 
Dallas Street at the distance of 46.50 feet northerly, meas- 
ured along the east side of Dallas Street from Fairmount 
Avenue and extending Easterly 58 feet, more or less, to a 10 
foot alley, laid out 58 feet east of Dallas Street and desig- 
n^ed as Parcel No. 1. 

2 — A 4.67 foot alley beginning at a point on the north side 
of Fairmount Avenue at the distance of 47.75 feet westerly, 
measured along the north side of Fairmount Avenue from 
Bond Street and extending Northerly 51.5 feet, more or 
less, to the end thereof and designated as Parcel No. 2. 

3 — An .alley, 10 feet wide, laid out 58 feet east of Dallas 
Street and extending from Fairmount Avenue, Northerly 
258 feet, more or less, to the end thereof and designated as 
Parcel No. 3. 

4 — A 3 foot alley beginning at a point on the east side of 
Dallas Street at the distance of 70 feet southerly, measured 



ORDINANCES 9 

along the east side of Dallas Street from Fayette Street and 
extending, Easterly 58 feet, more or less, to a 10 foot alley 
laid out 58 feet east of Dallas Street and designated as Parcel 
No. 4. 

5 — A 10 foot alley beginning at a point on the west side of 
Bond Street at the distance of 90 feet southerly, measured 
along the west side of Bond Street from Fayette Street and 
extending Westerly 73 feet, more or less, to a 10 foot alley 
laid out 58 feet east of Dallas Street and designated as 
Parcel No. 5. 

The said streets and alleys as directed to be condemned 
being more particularly described and referred to among 
the Land Records of Baltimore City and delineated and 
particularly shown on a plat numbered 318-A-18 which was 
filed in the Office of the Department of Assessments on the 
Fifth day of September in the ye^r 1973, and is now on file in 
the said Office. 

Sec. 2. And be it further ordained, That the proceedings 
of said Department of Assessments, with reference to the 
condemnation and opening of said streets and alleys and the 
proceedings and rights of all parties interested or affected 
thereby, shall be regulated by, and be in accordance with, 
any and all applicable provisions of Article 4 of the Code of 
Public Local Laws of Maryland and the Charter of Baltimore 
City (1964 Revision) and any and all amendments thereto, 
and any and all other Acts of the General Assembly of 
Maryland, and any and all ordinances of the Mayor and City 
Council of Baltimore, and any and all rules or regulations 
in effect which have been adopted by the Director of As- 
sessments and filed with the Department of Legislative Ref- 
erence. 

Sec. 3. And he it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved December 6, 1973. 

WILLIAM DONALD SCHAEFER, Mayor, 



10 ORDINANCES Ord. No. 481 

No. 481 
(Council No. 1027) 

An Ordinance to condemn and close all streets and alleys 
referred to among the Land Records of Baltimore City and 
lying within the area bounded by Fayette Street, Bond 
Street, Fairmount Avenue, and Dallas Street in accord- 
,ance with a plat thereof numbered 318-A-18A, prepared 
by the Surveys and Records Division and filed in the 
Office of the Department of Assessments, on the Sixth 
(6th) day of September, 1973, and now on file in said 
office. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Department of Assessments be, and 
they are hereby authorized and directed to condemn and 
close all streets and alleys referred to among the Land Rec- 
ords of Baltimore City and lying within the area bounded 
by Fayette Street, Bond Street, Fairmount Avenue, and 
Dallas Street the streets and alleys hereby directed to be 
condemned for said closing are numbered from one to five 
and described as follows : 

1 — A 3 foot alley beginning at a point on the east side of 
Dallas Street at the distance of 46.50 feet northerly, meas- 
ured along the east side of Dallas Street from Fairmount 
Avenue and extending Easterly 58 feet, more or less, to a 
10 foot alley, laid out 58 feet east of Dallas Street and desig- 
nated as Parcel No. 1. 

2 — A 4.67 foot alley beginning at a point on the north 
side of Fairmount Avenue at the distance of 47.75 feet 
westerly, measured along the north side of Fairmount Ave- 
nue from Bond Street and extending Northerly 51.5 feet, 
more or less, to the end thereof and designated as Parcel 
No. 2. 

3 — An .alley, 10 feet wide, laid out 58 feet east of Dallas 
Street and extending from Fairmount Avenue, Northerly 
258 feet, more or less, to the end thereof and designated as 
Parcel No. 3. 

4 — A 3 foot alley beginning at a point on the east side of 
Dallas Street at the distance of 70 feet southerly, measured 
along the east side of Dall.as Street from Fayette Street 



ORDINANCES 11 

and extending, Easterly 58 feet, more or less, to a 10 foot 
allej^ laid out 58 feet east of Dallas Street and designated as 
Parcel No. 4. 

5 — A 10 foot alley beginning at a point on the west side of 
Bond Street ,at the distance of 90 feet southerly, measured 
along the west side of Bond Street from Fayette Street 
and extending Westerly 73 feet, more or less, to a 10 foot 
alley laid out 58 feet east of Dallas Street and designated as 
Parcel No. 5. 

The^aid streets and alleys as directed to be condemned 
being more particularly described and referred to among the 
Land Records of Baltimore City and delineated and partic- 
ularly shown on a plat numbered 318-A-18A which was filed 
in the Office of the Department of Assessments on the Sixth 
day of September in the year 1973, and is now on file in the 
said Office. 

Sec. 2. And he it further ordained, That ^fter said high- 
way or highways shall have been closed under the provisions 
of this ordinance, all subsurface structures and appurte- 
nances now owned by the Mayor and City Council of Balti- 
more, shall be and continue to be the property of the Mayor 
.and City Council of Baltimore, in fee simple, until the use 
thereof shall be abandoned by the Mayor and City Council 
of Baltimore, and in the event that any person, firm or 
corporation shall desire to remove, alter or interfere there- 
with, such person, firm or corporation shall first obtain per- 
mission and permits therefor from the Mayor and City 
Council of B,altimore, and shall in the application for such 
permission and permits agree to pay all costs and charges of 
every kind and nature made necessary by such removal, 
alteration or interference. 

Sec. 3. And be it further ordained, That no buildings or 
structures of any kind shall be constructed or erected in 
said portion of s,aid highw^ay or highways after the same 
shall have been closed under the provisions of this ordinance 
until the subsurface structures and appurtenances over 
which said buildings or structures are proposed to be con- 
structed or erected shall have been abandoned or shall have 
been removed and relaid in accordance with the specifica- 
tions and under the direction of the Director of Public 



12 ORDINANCES Ord. No. 482 

Works of Baltimore City, and at the expense of the person 
or persons or body corporate desiring to erect such build- 
ings or structures. Railroad tracks shall be taken to be 
"structures" within the meaning of this section. 

Sec. 4. And be it further ordained, That on and after the 
closing of said highway or highways, the said Mayor and 
City Council of Baltimore, acting through its duly authorized 
representatives, shall, at all times, have access to said prop- 
erty and to all subsurface structures and appurtenances 
used by it therein, for the purposes of inspection, main- 
tenance, repair, alteration, relocation and/or replacement, 
of any or all of said structures and appurten,ances, and this 
without permission from or compensation to the owner or 
owners of said land. 

Sec. 5. And be it further ordained, That the proceedings 
of said Department of Assessments, with reference to the 
condemnation and closing of said streets and alleys and the 
proceedings and rights of all p,arties interested or affected 
thereby, shall be regulated by, and be in accordance 
with, any and ^11 applicable provisions of Article 4 of the 
Code of Public Local Laws of Maryland and the Charter of 
Baltimore City (1964 Revision) and any and all amend- 
ments thereto, and any and all other Acts of the General 
Assembly of Maryland, and any and all ordinances of the 
Mayor and City Council of Baltimore, and any and all rules 
or regulations in effect which have been adopted by the 
Director of Assessments and filed with the Department of 
Legislative Reference. 

Sec. 6. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved December 6, 1973. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 482 
(Council No. 1034) 

An Ordinance to waive any applicable provision of Article 
32 of the Baltimore City Code (1966 Edition, as 



ORDINANCES 13 

amended), title, "Building Regulations," said Article be- 
ing known generally as the building Code of Baltimore 
City, in order to permit permanent 24 inch projection of 
concrete pile caps and pressure injected footings at a 
depth of from one (1) foot to twenty-five (25) feet under 
the public way along the east side of Hargrove Alley 
northerly from east Pleasant Street approximately 235 
feet and to permit 24 inch projection of concrete pile caps 
and pressure injected footings at a depth of from one (1) 
foot to twenty-five (25) feet under the public way along 
the wjest side of north Calvert Street extending northerly 
from east Pleasant Street approximately 235 feet, as 
more particularly described herein and defining the con- 
ditions of such projection. 

Section 1. Be it ordained by the Mayor and City Coun- 
cil of Baltimore, That any applicable provision of Article 32 
of the Baltimore City Code (1966 Edition, as amended), 
title, "Building Regulations," said Article being known 
generally as the Building Code of Baltimore City, be and 
they are hereby waived in order to permit the construction 
and maintenance, at the cost and expense of the property 
owner, of pile caps which are supported by pressure injected 
footings and of said pressure injected footings to support a 
masonry wall which is to be constructed (1) along the west 
side of North Calvert Street extending northerly from 
East Pleasant Street and North Calvert Street approxi- 
mately 235 feet and (2) along the east side of Hargrove 
Alley northerly from East Pleasant Street approximately 
235 feet, such construction being necessary for the efficient 
utilization of the total width of the site, said site being 
located on the property more particularly described in the 
application and plans of Mercy Hospital, Inc., filed with 
the Off-Street Parking Commission on July 20, 1973. These 
projections shall apply only to the subsurface concrete pile 
caps and pressure injected footings and not to the wall. 
The j^^e^e ction ttR4ei: the publ i c way a l on g the earst si^ e^ 
MaFgt-e^^ All o y shali fiot extend m)^i^ thaft ^ mcho s under 
the public way^ shaii be at a 4e^^th e# from approximatel y 

riflQ / "1 \ -pr\p>4- -f f\ •f- TT rrv rr ^ tT -Pi-^j n / 0^\ -p/-v/^-f o t-> /-^ o 'r>T>T* n " V'l TTII l I'ol'S^ 

rmtr \ ■*- / TCX7VTV L\j i,%y \jii cy 1 1 \ s? \ cjij f i. \J\s xjy ixiiKX ix\J]Ji. w-zviiiiciccij^ 

th#ee ■{%)■ ^feet eix -(-6> w^ehes thick ftB4 ift any other re s pects 
ee nstructio ft ef such eoft croto Meetings shall fee m complianco 
with ali other pertinent ordinancoo and regulations ef the 



14 ORDINANCES Ord. No. 482 

mont ef Housin g afi4 Community Dovolopmont aft4 tke 
Dopartmo Ht e^ Public Works. 5ie projection under the 
publi c way along tfee west s44e of North Calvert Street 
shall net extend more than 24 inches under the public way, 
shall be at a depth e^ from approximately ene -94 ^^^t te 
twenty five (25) feet^ and approximately six -(4)- ^eet thick. 
THE PROJECTION OF THE CONCRETE CAP UNDER 
THE PUBLIC WAY ALONG THE EAST SIDE OF HAR- 
GROVE ALLEY SHALL NOT EXCEED 24 INCHES, THE 
TOP OF THE CAP SHALL BE AT LEAST ONE (1) FOOT 
BELOW^ FINISHED GRADE AND IT SHALL BE AP- 
PROXIMATELY THREE (3) FEET SIX (6) INCHES 
THICK. THE PROJECTION OF THE PRESSURE IN- 
JECTED FOOTINGS UNDER THE PUBLIC WAY 
ALONG THE EAST SIDE OF HARGROVE ALLEY 
SHALL NOT EXCEED TWO (2) FEET SIX AND ONE- 
HALF (6i/>) INCHES, THEY SHALL BE AT A DEPTH 
OF from" approximately ten (10) FEET TO 
TWENTY-FIVE (25) FEET AND BE CONNECTED TO 
THE CAP BY VERTICAL CONCRETE SHAFTS AP- 
PROXIMATELY 18'' IN DIAMETER. THE PROJECTION 
OF THE CONCRETE CAP UNDER THE PUBLIC WAY 
ALONG THE WEST SIDE OF NORTH CALVERT 
STREET SHALL NOT EXCEED TWENTY-FOUR (24) 
INCHES, THE TOP OF THE CAP SHALL BE AT LEAST 
ONE (1) FOOT BELOW FINISHED GRADE AND IT 
SHALL BE APPROXIMATELY SIX (6) FEET THICK. 
THE PROJECTION OF THE PRESSURE INJECTED 
FOOTINGS UNDER THE PUBLIC WAY ALONG THE 
WEST SIDE OF NORTH CALVERT STREET SHALL 
NOT EXCEED TWO (2) FEET ONE AND ONE-QUAR- 
TER (11/4) INCHES, THEY SHALL BE AT A DEPTH 
OF FROM APPROXIMATELY TEN (10) FEET TO 
TWENTY-FIVE (25) FEET AND BE CONNECTED TO 
THE CAP BY VERTICAL CONCRETE SHAFTS AP- 
PROXIMATELY 18" IN DIAMETER. That construction 
of the aforementioned pile caps and footings shall be 
installed, constructed, operated and maintained in accord- 
ance with the plan and design as shown on a drawing of 
0. M. Martinson, Engineer, New York, New York, 
entitled Parking Facility for Mercy Hospital, Foundation 
Details, dated September 27, 1973 and numbered 484-103B 
which in all respects is hereby made a part of this ordi- 



ORDINANCES 15 

nance, by reference thereto even though it is not physically 
attached hereto. In any other respects construction of such 
pile caps and concrete footings shall be in compliance with 
all other pertinent ordinances and regulations of the Mayor 
and City Council and the requirements of the Department 
of Housing and Community Development and the Depart- 
ment of Public Works. PROVIDED, FURTHER, THAT IT 
SHALL BE THE RESPONSIBILITY OF MERCY HOS- 
PITAL, INC., ITS SUCCESSORS OR ASSIGNS, AT ITS 
OR THEIR SOLE COST AND EXPENSE TO REMOVE 
AND REPLACE ANY PART OR PARTS OF THE OFF- 
STREE^ PARKING STRUCTURE, FROM TIME TO 
TIME, EXTENDING OVER OR ADJACENT TO THE 
EXISTING 30-INCH STORM WATER DRAIN LOCATED 
IN LAND COMPRISING THE FORMER BED OF MUL- 
BERRY STREET WHEN AND IF THE SAID DEPART- 
MENT OF PUBLIC WORKS IS REQUIRED TO DO ANY 
WORK IN CONNECTION WITH THE MAINTENANCE, 
REPAIR AND/OR RELOCATION OF SAID STORM 
WATER DRAIN. THAT MERCY HOSPITAL, INC., ALSO 
SHALL INDEMNIFY MAYOR AND CITY COUNCIL OF 
BALTIMORE AND SAVE IT HARMLESS AGAINST 
AND FROM ANY AND ALL COSTS, EXPENSES, 
LOSSES AND DAMAGES WHICH CITY MAY, AT ANY 
TIME OR TIMES, INCUR, SUFFER, SUSTAIN OR BE 
SUBJECT TO DIRECTLY OR INDIRECTLY (AND 
WHETHER SUCH COSTS, EXPENSES, LOSSES AND 
DAMAGES BE SUFFERED OR SUSTAINED BY CITY 
OR BY OTHER PERSONS AND/OR CORPORATIONS 
TO WHOM CITY MAY BECOME LIABLE THEREFOR) 
BY REASON OF, ON ACCOUNT OF, OR IN ANY WAY 
RESULTING FROM DAMAGE TO SAID STORM WATER 
DRAIN CAUSED BY THE CONSTRUCTION AND/OR 
MAINTENANCE OF SAID OFF-STREET PARKING 
FACILITY BY HOSPITAL. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved December 6, 1973. 

WILLIAM DONALD SCHAEFER, Mmjor, 



16 ORDINANCES Ord. No. 483 

No. 483 
(Council No. 1035) 

An Ordinance granting permission and authority to Mercy 
Hospital, Inc., a body corporate, to erect, construct, main- 
tain and operate a bridgeway above East Pleasant 
Street between North Calvert Street and St. Paul Place 
and above Hargrove Alley North of East Pleasant Street. 

Section 1. Be it ordained by the Mayor and City Coun- 
cil of Baltimore, That permission and authority be and the 
same is hereby granted to Mercy Hospital, Inc., a Mary- 
land corporation, its successors and assigns, hereinafter 
sometimes referred to as "Grantee," to construct, erect, 
maintain, and operate at its own cost and expense the 
following described structure : 

1. Over the bed of East Pleasant Street between North 
Calvert Street and St. Paul Place, as hereinafter more 
particularly described: 

A bridgeway one story high above and across East 
Pleasant Street to serve as a convenience connection, with 
not less than 7 feet 6 inches clear ceiling height, between 
the proposed new parking garage to be erected by the 
Grantee on the west side of North Calvert Street north of 
East Pleasant with the Tower hospital building of 
Grantee located at 301 St. Paul Place, beginning at the 
south building line of East Pleasant Street and extending 
northerly approximately 49 feet 5 inches across the entire 
width of East Pleasant Street, upon the terms and condi- 
tions following: 

That the lowest part of said bridgeway shall not be less 
than 14 feet 6 inches above the surface of East Pleasant 
Street and the bridgeway shall extend across the entire 
width of East Pleasant Street and continue across Hargrove 
Alley north of the north building line of East Pleasant 
Street as more particularly described below and shall be 
approximately 10 feet 11 inches wide. 

The center line of the said bridgeway shall be located 
approximately 122 feet 9 inches west of the west building 
line of North Calvert Street. 



ORDINANCES 17 

2. And said bridgeway thence continuing over the bed of 
Hargrove Alley north of East Pleasant Street as hereinafter 
more particularly described: 

a. A bridgeway one story high above and across Har- 
grove Alley to serve as a convenience connection between 
the structures noted above, with not less than 7 feet 6 
inches clear ceiling height and shall extend northerly ap- 
proximately 18 feet from the north building line of East 
Pleasant Street ; the center line of said portion of the bridge- 
way shall be approximately 11 feet 9 inches west of the east 
building-line of Hargrove Alley. Said bridgeway shall thence 
extend easterly approximately 17 feet 2 inches to the east 
boundary line of Hargi'ove Alley, the center line of said 
portion being approximately 12 feet 11 inches north of the 
north building line of East Pleasant Street, except that two 
bridgeway support beams shall extend across the entire 
width of Hargrove Alley, the center line of one such beam 
being located approximately 18 feet north of the north 
building line of East Pleasant Street and the center line of 
the other beam being located approximately 7 feet 10 inches 
north of the north building line of East Pleasant Street, 
upon the term^s and conditions following: 

That the lowest part of said bridgeway shall not be less 
than 14 feet 6 inches above the surface of Hargrove Alley, 
except that the two bridgeway support beams hereinbefore 
described shall not be less than 14 feet above the surface 
of Hargrove Alley and the bridgeway shall be approxi- 
mately 10 feet 11 inches wide. 

That construction of said bridgeway with necessary sup- 
porting beams over, above and across East Pleasant Street 
and Hargrove Alley shall be installed, constructed, operated 
and maintained in accordance with the plan and design, as 
shown on drawing of Richter, Cornbrooks, Matthai, Hop- 
kins, Inc., of Baltimore, Maryland, entitled Bridge/Passage 
Mercy Hospital, dated September 21, 1973, and numbered 
A-0-1 which in all respects is hereby made a part of this 
ordinance, by reference thereto even though it is not physi- 
cally attached hereto. 

No woodwork or other combustible materials shall be used 
in the construction of said bridgeway and said bridgeway 
shall be constructed in accordance with the Building Code 
of Baltimore City and shall be constructed and completed 



18 ORDINANCES Ord. No. 483 

under the supervision and to the satisfaction of the Housing 
Commissioner and the Director of Public Works both of 
Baltimore City, and shall be at all times hereafter subject 
to lawful regulation and control by said Housing Com- 
missioner and Director of Public Works. 

Sec. 2. And be it further ordained, That the franchise 
or right granted by this ordinance shall be executed and 
enjoyed within six (6) months after the grant. 

Sec. 3. And be it further ordained, That the said 
Grantee, its successors and assigns, shall pay to the said 
Mayor and City Council of Baltimore, as compensation for 
the franchise or privilege hereby granted the sum of One 
Hundred Dollars ($100.00) per year, payable in advance 
during the continuance of this franchise or privilege, or 
any renewal thereof ; and subject to the increase or decrease 
of this charge as provided in Section 4 herein. 

Sec. 4. And be it further ordained. That the Mayor and 
City Council of Baltimore hereby expressly reserves the 
right and power, at all times, to exercise, in the interest 
of the public, full municipal superintendence, regulation 
and control in respect to all matters connected with this 
grant and not inconsistent with the terms thereof. The 
franchise herein granted shall be held, exercised and enjoyed 
for a period of one year from the effective date of this ordi- 
nance, with the further right to the Grantee to twenty-four 
(24) consecutive one year renewals of the franchise, each 
such renewal to be for a period of one year, upon the same 
terms and conditions as the original one year grant, except 
as otherwise provided herein. Each one year renewal period 
shall take effect immediately upon the expiration of the 
original or renewal term then in force, without any action 
being taken on behalf of either the Mayor and City Council 
of Baltimore or the Grantee, but the total period of time 
during which the franchise shall operate, including the 
original term and all renewals thereof, shall not exceed, in 
the aggregate twenty-five years. Provided, that the Mayor 
and City Council of Baltimore, acting by and through the 
Board of Estimates, may increase or decrease the franchise 
charge payable by the Grantee under the provisions hereof, 
by giving written notice to that effect to the Grantee at 



ORDINANCES 19 

least one hundred and fifty (150) days prior to the expira- 
tion of the original one year term granted herein, or any 
yearly renewal term herein granted and then in effect ; any 
such increase or decrease of said franchise charge to be 
operative as to all yearly renewal terms herein granted 
which become effective after any increase or decrease in 
said franchise charge has occurred. Provided, further, that 
either the Mayor and City Council of Baltimore, acting by 
and through the Director of Public Works, or the Grantee 
may terminate the franchise granted herein, by giving 
written notice to that effect to the other, at least ninety (90) 
days prior to the expiration of the original one year term 
granted herein or any one year renewal term herein granted 
and then in effect. 

Sec. 5. And he it further ordained, That the said 
Grantee, its successors and assigns, shall maintain the 
structure for which the franchise is herein granted in good 
condition through the full term of this grant and so long 
as said structure shall exist at the locations described herein. 

Sec. 6. And be it further ordained, That non-compliance 
with any of the terms or conditions of the grant hereby 
made by the said Grantee, its successors and assigns, at 
any time, or times, shall, at the option of the Mayor and 
City Council of Baltimore, operate as a forfeiture of said 
grant, which shall thereupon be and become void, and that 
nothing other than an ordinance of the Mayor and City 
Council of Baltimore shall operate as a waiver of any for- 
feiture of the grant hereby made. 

Sec. 7. And be it further ordained, That the Mayor of 
Baltimore City shall have the right to revoke without prior 
notice, at any time or times, the rights and privileges hereby 
granted when, in judgment, the public interest, welfare, 
safety, or convenience requires such revocation and, upon 
written notice to that effect from the Mayor of Baltimore 
served upon the Grantee hereunder, its successors and as- 
signs, all rights under this ordinance shall cease and termi- 
nate. 

Sec. 8. And be it further ordained, That in the event of 
any revocation, forfeiture, or termination for any reason 
whatsoever of the rights and privileges by this ordinance 



20 ORDINANCES Ord. No. 484 

granted, the said Grantee hereunder, its successors and 
assigns, shall, at its or their expense, remove the structures 
for which the franchise is herein granted in a manner sat- 
isfactory to the Housing Commissioner, Department of 
Housing and Community Development, and the Director of 
Public Works of Baltimore City, such removal to be made 
without any compensation to the Grantee, its successors 
and assigns, and to be completed within such time as shall 
be specified in writing by the said Director of Public Works. 

Sec. 9. And be it further ordained, That the said 
Grantee, its successors and assigns, shall be liable for and 
shall indemnify and save harmless the Mayor and City Coun- 
cil of Baltimore against any and all suits, losses, costs, 
claims, damages, or expenses to which the said Mayor and 
City Council of Baltimore City shall, from time to time be 
subjected on account of, or in any way resulting from: 

a. The presence, construction, use, operation, mainte- 
nance, alteration, repair, location, relocation, or removal of 
the structures for which the franchise is herein granted; 
and 

b. Any failure on the part of said Grantee, its successors 
and assigns, to perform, promptly and properly, any of the 
duties or obligations imposed upon it or them by the terms 
and provisions of this ordinance. 

Sec. 10. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved December 6, 1973. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 484 
(Council No. 1077) 

An Ordinance authorizing and directing the exchange 
between the Mayor and City Council of Baltimore and 
Crown Oil and Wax Company of Delaware, Inc., of 



ORDINANCES 21 

certain lots of ground owned by Crown Oil and Wax 
Company of Delaware, Inc. in the vicinity of F^it Avenue 
And Woodrow Avenue and the parcel of ground owned 
by the Mayor and City Council of Baltimore lying be- 
tween the easterly side of the right of way line for 
Interstate Route No. 95 and the westerly line of the 
former Crosse and Blackwell Property. The property 
being exchanged by the Mayor and City Council of 
Baltimore being no longer needed for public use. 

Whereas, The Mayor and City Council of Baltimore is 
the owner of the fee simple interest in and to the lot of 
ground situate in Baltimore City, State of Maryland, and 
described as follows : 

BEGINNING for the same at the beginning of the sev- 
enth line of the first parcel of land conveyed by Canton 
Company of Baltimore et al to the Mayor and City Council 
of Baltimore by deed dated December 10, 1969 and re- 
corded among the Land Records of Baltimore City in Liber 
R.H.B. No. 2592 folio 199 and running thence binding on 
the line of the seventh line of the first parcel of land de- 
scribed in said deed if projected westerly, south 87 degrees 
05 minutes 30 seconds west 116.64 feet to intersect the 
right of way line for Interstate Route No. 95 ; thence bind- 
ing on said right of way line for Interstate Route No. 95 
the two following courses and distances; namely, north 
19 degrees 51 minutes 41 seconds east 197.09 feet and by 
A line curving to the right with a radius of 200.49 feet 
the distance of 70.31 feet which arc is subtended by a 
chord bearing north 32 degrees 19 minutes 36 seconds east 
69.95 feet to intersect the sixth line of the first parcel of 
land described in said deed and thence binding on part of 
the sixth line of the first parcel of land described in said 
deed, to the end thereof, south 02 degrees 54 minutes 30 
seconds east 238.86 feet to the place of beginning. Con- 
taining 15,560.30 square feet or 0.3572 acre of land, more 
or less. 

All courses and distances in the above description are 
referred to the true meridian as adopted by the Baltimore 
Survey Control System ; and 

Whereas, Crown Oil and Wax Company of Delaware, 
Inc., is the owner of the fee simple interests in and to the 



22 ORDINANCES Ord. No. 484 

two following lots of ground situate in Baltimore City, St^te 
of Maryland, and described as follows: 

BEGINNING for the first at a point on the south side 
of Woodrow Avenue, 50 feet wide, said point of beginning 
being the beginning of the second parcel of land con- 
veyed by the Nestle Company, Inc. to Crown Oil and Wax 
Company of Delaware by deed dated April 17, 1973 ;and 
recorded among the Land Records of Baltimore City in Liber 
R.H.B. No. 3012 folio 172 and running thence binding on 
the first, second, and third lines of the second parcel of 
land described in said deed, as now surveyed, the three 
following courses and distances; namely, south 03 degrees 
03 minutes 30 seconds east 125.90 feet, south 86 degrees 
56 minutes 30 seconds west 224.89 feet, and north 38 
degrees 19 minutes 06 seconds e^ast 167.78 feet to the afore- 
said south side of Woodrow Avenue and thence binding on 
the south side of said Woodrow Avenue and on the last 
line of the second parcel of land described in said deed, 
there situate, as now surveyed, north 86 degrees 56 min- 
utes 30 seconds east 113.99 feet to the place of beginning. 

BEGINNING for the second at the point formed by the 
intersection of the north side of Woodrow Avenue, 50 feet 
wide, and the eastern boundary line of Baltimore City 
established 1918 ;and running thence binding on the north 
side of said Woodrow Avenue and on part of the thirteenth 
line of the first parcel of land conveyed by The Nestle 
Company, Inc. to Crown Oil and Wax Company of Delaware 
by deed dated April 17, 1973 and recorded among the Land 
Records of Baltimore City in Liber R.H.B. No. 3012 folio 
172, to the end thereof, there situate, as now surveyed, 
south 86 degrees 56 minutes 30 seconds west 71.66 feet; 
thence binding on the fourteenth line of the first parcel of 
land described in said deed, as now surveyed, north 38 
degrees 19 minutes 06 seconds east 96.49 feet; thence 
binding on part of the fifteenth line of the first parcel of 
land described in said deed, as now surveyed, north 07 
degrees 51 minutes 36 seconds east 85.80 feet to intersect 
the aforesaid eastern boundary line of Baltimore City and 
thence binding on s,aid eastern boundary line of Baltimore 
City, due south 156.87 feet to the place of beginning. 



ORDINANCES 23 

All courses and distances in the above descriptions are 
referred to the true meridian as adopted by the Baltimore 
Survey Control System. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Comptroller of Baltimore City be 
^nd he is hereby authorized and directed : 

1. For and in the name of the Mayor and City Council 
of Baltimore to execute and deliver to Crown Oil and Wax 
Company of Delaware, Inc., a good and sufficient deed 
conveying to said corporation, its successors or assigns, 
all of the interest of the Mayor .and City Council of Balti- 
more in and to the lot of ground herein firstly described. 

2. For and on behalf of the Mayor and City Council of 
Baltimore to accept from the said Crown Oil and Wax 
Company of Delaware, Inc. in exchange for the deed to be 
delivered to it as hereinbefore provided, a deed conveying 
to the M.ayor and City Council of Baltimore, in fee simple, 
the lots of ground herein secondly and thirdly described 
and owned by said corporation. 

The reference in the foregoing descriptions to streets 
is for the purpose of description only and not intended 
hereby to be a dedication hereof to public use. 

The parcel of land being conveyed by the Mayor and City 
Council of Baltimore being no longer needed for public use. 

Sec. 2. And be it further ordained, That no deed or deeds 
shall pass in .accordance herewith until the same shall 
have been first approved by the City Solicitor. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved December 6, 1973. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 485 

(Council No. 961) 

An Ordinance to repeal and reordain with amendments 
Subsection 6.1-lb-24 of Article 30 of the Baltimore City 



24 ORDINANCES Ord. No. 486 

Code (1966 Edition), title "The Zoning Ordinance of 
Baltimore City", as ordained by Ordinance 1051, ap- 
proved April 20, 1971 a»4 ^ ropoal Subsection 6.2 lb 56 
ei sa44 article aft4 title, to permit general business offices 
in a B-1 District. 

Section 1. Beit ordained by the Mayor and City Council 
of Baltimore, That subsection 6.1-lb-24 of Article 30 of the 
Baltimore City Code (1966 Edition), title "The Zoning 
Ordinance of Baltimore City", as ordained by Ordinance 
1051, approved April 20, 1971, be and it is hereby repealed 
and reordained with amendments to read as follows: 

6.1-lb 

24. Offices — [real estate, insurance,] business, govern- 
mental and professional— BUT NOT INCLUDING SALES 
AND BULK STORAGE OF MERCHANDISE ON THE 
THE PREMISES 

See? 3t And b€ U further ordained. That subsection ^rS- 
4fe-^ ei iirticlo SO e^ the Baltimore Qi^ Ce4e (1966 Edi- 
tion), title 'The Zoning Ordinance e^ Baltimore City*', as 
ordained by Ordinance 1051, approved April 2% 1971, be 

^.2-ib 

[56. Offices — business, governmental and professionalj 

Sec. S 2. And be it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved December 10, 1973. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 486 
(Council No. 633) 

An Ordinance to add a new paragraph 1313 to Chapter 13 
of Article 32 of the Baltimore City Code (1966 Edition), 
title "Building Code of Baltimore City," subtitle "Appli- 



ORDINANCES 26 

cation for Permits/' providing that «» applicant fe^ a 
multiple family dwelling construction permit must file 
EVERY APPLICATION FOR A PERMIT TO CON- 
STRUCT A MULTIPLE DWELLING MUST BE AC- 
COMPANIED BY landscaping plans which become a 
binding part of any permit received. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That a new Paragraph 1313 be ^nd it is 
hereby added to Chapter 13 of Article 32 of the Baltimore 
City Code (1966 Edition), title "Building Code of Baltimore 
City," subtitle ''Applications for Permits," to read as fol- 
lows: 

1313. Applications for multiple family dwelling construc- 
tion permits, 

ApplicationG fm^ multiplo family d^volling construction 
pormitG EVERY APPLICATION FOR A PERMIT TO 
CONSTRUCT A MULTIPLE DWELLING shall be ac- 
companied by architectural drawings showing the location, 
type and size of the proposed landscaping. These drawings, 
as approved by the Commissioner, constitute a binding 
agreement by the applicant that, upon issuance of a permit, 
he will perform in accordance ivith the approved drawings. 

Sec. 2. And be it further ordained. That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved December 12, 1973. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 487 
(Council No. 935) 

An Ordinance to authorize the use of the property known 
generally .as 5201 Ethelbert Avenue, as outlined in red 
on the plats accompanying this ordinance for an open air 
off-street parking facility in the R-7 District pursuant to 
Sections 4.7-ld and 11.0-6d of Article 30 of the Balti- 



26 ORDINANCES Ord. No. 487 

more City Code (1966 Edition), title "The Zoning Ordi- 
nance of Baltimore City" (Ordinance No. 1051) approved 
April 20, 1971t , AND PROVIDING FOR THE AUTO- 
MATIC REPEAL OF THIS ORDINANCE UNDER 
CERTAIN CONDITIONS. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the property known generally as 5201 
Ethelbert Avenue, as outlined in red on the plats accompany- 
ing this ordinance be and it is hereby authorized for use 
as an open air off-street parking facility in the R-7 Dis- 
trict pursuant to Sections 4.7-ld and 11.0-6d of Article 30 
of the Baltimore City Code (1966 Edition), title "The 
Zoning Ordinance of Baltimore City,'' (Ordinance No. 1051) 
Approved April 20, 1971. 

SEC. 2. AND BE IT FURTHER ORDAINED, THAT 
THE ENTRANCES AND EXITS ON SAID AREA 
SHALL BE AT SUCH LOCATION OR LOCATIONS AS 
SHALL BE APPROVED BY THE COMMISSIONER OF 
TRANSIT AND TRAFFIC. THE ILLUMINATION OF 
SAID PARKING AREA, IF ANY, SHALL BE BY 
LIGHTS DIMMED OR FOCUSED SO AS TO PREVENT 
THEM FROM BEING AN ANNOYANCE TO NEARBY 
RESIDENTS. THE LOCATION AND TYPE OF SUCH 
LIGHTS, IF ANY, SHALL BE SUBJECT TO THE AP- 
PROVAL OF THE COMMISSIONER OF THE DEPART- 
MENT OF HOUSING AND COMMUNITY DEVELOP- 
MENT. THE BOUNDARIES OF SAID PARKING AREA 
SHALL BE PLANTED WITH SHRUBBERY NOT LESS 
THAN THREE FEET IN HEIGHT ABOVE GROUND 
LEVEL WHICH SHALL SERVE BOTH AS AN ORNA- 
MENTAL SCREEN ON ALL SIDES OF THE PROP- 
ERTY AND AS A BARRIER TO PREVENT PARKED 
VEHICLES FROM OBSTRUCTING SIDEWALKS AND 
OTHER RIGHTS OF WAY. SAID PARKING AREA 
SHALL BE EQUIPPED WITH A GATE, CHAIN OR 
OTHER DEVICE TO PROHIBIT ENTRY WHEN NOT 
IN USE. DURING PERIODS OF USE, SUFFICIENT 
ATTENDANTS SHALL BE STATIONED TO ASSURE 
ORDERLY PARKING. THE PERMISSION HEREIN 
GRANTED SHALL APPLY ONLY DURING THE RAC- 
ING SEASON AT THE PIMLICO RACE TRACK SO 



ORDINANCES 27 

LONG AS SAID PIMLICO RACE TRACK IS OPERATED 
AS A RACE TRACK SUBJECT TO THE JURISDICTION 
OF THE MARYLAND RACING COMMISSION. 

Sec. 2 3. And be it further ordained, That upon passage of 
this ordinance by the City Council, as evidence of the au- 
thenticity of the plat which is a part hereof and in order 
to give notice to the departments which are administering 
the Zoning Ordinance, the President of the City Council 
shall sign the plat and, when the M^ayor approves the ordi- 
nance, he shall sign the plat. The City Treasurer shall 
then transmit a copy of the ordinance and one of the plats 
to the following : the Board of Municipal and Zoning Appeals, 
the Planning Commission, the Commissioner of the Depart- 
ment of Housing and Community Development, the Com- 
missioner of Transit and Traffic, and the Zoning Adminis- 
trator. 

Sec. S 4. And he it further ordained, That this ordinance 
shall take effect thirty days from the date of its passager , 
AND AT SUCH TIME AS PIMLICO RACE TRACK 
CEASES TO OPERATE AS A RACE TRACK SUBJECT 
TO THE JURISDICTION OF THE MARYLAND RAC- 
ING COMMISSION, THIS ORDINANCE SHALL AUTO- 
MATICALLY BE REPEALED AND OF NO FURTHER 
EFFECT, WITH NO FURTHER ACTION REQUIRED 
BY THE MAYOR AND CITY COUNCIL OF BALTI- 
MORE. 

Approved December 12, 1973. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 488 
(Council No. 938) 

An Ordinance to authorize the use of the property on the 
southeast side of Washington Place between Ethelbert 
Avenue and Maple Avenue, being that property known 
generally ^s 3207 Washington Place, as outlined in red 



Z8 ORDINANCES Ord. No. 488 

on the plats accompanying this ordinance, for an open 
air off-street parking facility in the B-2-2 District pur- 
suant to Sections 6.2-ld and 11.0-6d of Article 30 of the 
Baltimore City Code (1966 Edition), title "The Zoning 
Ordinance of Baltimore City" (Ordinance No. 1051) 
approved April 20, 1971t , AND PROVIDING FOR THE 
AUTOMATIC REPEAL OF THIS ORDINANCE 
UNDER CERTAIN CONDITIONS. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the property on the southeast side of 
Washington Place between Ethelbert Avenue and Maple 
Avenue, being that property generally known as 3207 Wash- 
ington Place, as outlined in red on the plats accompanying 
this ordinance be and it is hereby authorized for use as an 
open air off-street parking facility in the B-2-2 District 
pursuant to Sections 6.2-ld and 11.0-6d of Article 30 of the 
Baltimore City Code (1966 Edition), title 'The Zoning 
Ordinance of Baltimore City," (Ordinance No. 1051) ap- 
proved April 20, 1971. 

SEC. 2. AND BE IT FURTHER ORDAINED, THAT 
THE ENTRANCES AND EXITS ON SAID AREA 
SHALL BE AT SUCH LOCATION OR LOCATIONS AS 
SHALL BE APPROVED BY THE COMMISSIONER OF 
TRANSIT AND TRAFFIC. THE ILLUMINATION OF 
SAID PARKING AREA, IF ANY, SHALL BE BY 
LIGHTS DIMMED OR FOCUSED SO AS TO PREVENT 
THEM FROM BEING AN ANNOYANCE TO NEARBY 
RESIDENTS. THE LOCATION AND TYPE OF SUCH 
LIGHTS, IF ANY, SHALL BE SUBJECT TO THE AP- 
PROVAL OF THE COMMISSIONER OF THE DEPART- 
MENT OF HOUSING AND COMMUNITY DEVELOP- 
MENT. THE BOUNDARIES OF SAID PARKING AREA 
SHALL BE PLANTED WITH SHRUBBERY NOT LESS 
THAN THREE FEET IN HEIGHT ABOVE GROUND 
LEVEL WHICH SHALL SERVE BOTH AS AN ORNA- 
MENTAL SCREEN ON ALL SIDES OF THE PROP- 
ERTY AND AS A BARRIER TO PREVENT PARKED 
VEHICLES FROM OBSTRUCTING SIDEWALKS AND 
OTHER RIGHTS OF WAY. SAID PARKING AREA 
SHALL BE EQUIPPED WITH A GATE, CHAIN OR 
OTHER DEVICE TO PROHIBIT ENTRY WHEN NOT 



ORDINANCES 29 

IN USE. DURING PERIODS OF USE, SUFFICIENT 
ATTENDANTS SHALL BE STATIONED TO ASSURE 
ORDERLY PARKING. THE PERMISSION HEREIN 
GRANTED SHALL APPLY ONLY DURING THE RAC- 
ING SEASON AT THE PIMLICO RACE TRACK SO 
LONG AS SAID PIMLICO RACE TRACK IS OPERATED 
AS A RACE TRACK SUBJECT TO THE JURISDICTION 
OF THE MARYLAND RACING COMMISSION. 

Sec. 2 3. And be it further ordained, That upon passage of 
this ordinance by the City Council, as evidence of the au- 
thenticity of the plat which is a part hereof and in order to 
give notice to the departments which are administering the 
Zoning Ordinance, the President of the City Council shall 
sign the plat and, when the Mayor approves the ordinance, 
he shall sign the plat. The City Treasurer shall then trans- 
mit a copy of the ordinance jand one of the plats to the 
following : the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of the Department 
of Housing and Community Development, the Commissioner 
of Transit and Traffic, and the Zoning Administrator. 

Sec. S 4. And be it further ordained, That this ordinance 
shall take effect thirty days from the date of its passager , 
AND AT SUCH TIME AS PIMLICO RACE TRACK 
CEASES TO OPERATE AS A RACE TRACK SUBJECT 
TO THE JURISDICTION OF THE MARYLAND RAC- 
ING COMMISSION, THIS ORDINANCE SHALL AUTO- 
MATICALLY BE REPEALED AND OF NO FURTHER 
EFFECT, WITH NO FURTHER ACTION REQUIRED 
BY THE MAYOR AND CITY COUNCIL OF BALTI- 
MORE. 

Approved December 12, 1973. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 489 
(Council No. 940) 

An Ordinance to authorize the use of the property on the 
north side of Park Heights Avenue, northwest of Belve- 



30 ORDINANCES Ord. No. 489 

dere Avenue, and being that property known generally 
as 5213 Park Heights Avenue, as outlined in red on the 
pl.ats accompanying this ordinance for an open air off- 
street parking facility in the B-2-2 District pursuant to 
Sections 6.2-ld and 11.0-6d of Article 30 of the Balti- 
more City Code (1966 Edition), title "The Zoning Ordi- 
nance of Baltimore City" (Ordinance No. 1051) ap- 
proved April 20, 1971. , AND PROVIDING FOR THE 
AUTOMATIC REPEAL OF THIS ORDINANCE 
UNDER CERTAIN CONDITIONS. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the property on the north side of Park 
Heights Avenue, northwest of Belvedere Avenue, and being 
that property known generally ^s 5213 Park Heights Ave- 
nue, as outlined in red on the plats accompanying this 
ordinance be and it is hereby authorized for use as an open 
air off-street parking facility in the B-2-2 District pursuant 
to Sections 6.2-ld and 11.0-6d of Article 30 of the Baltimore 
City Code (1966 Edition), title "The Zoning Ordinance of 
Baltimore C^ity," (Ordinance No. 1051) approved April 20, 
1971. 

SEC. 2. AND BE IT FURTHER ORDAINED, THAT 
THE ENTRANCES AND EXITS ON SAID AREA 
SHALL BE AT SUCH LOCATION OR LOCATIONS AS 
SHALL BE APPROVED BY THE COMMISSIONER OF 
TRANSIT AND TRAFFIC. THE ILLUMINATION OF 
SAID PARKING AREA, IF ANY, SHALL BE BY 
LIGHTS DIMMED OR FOCUSED SO AS TO PREVENT 
THEM FROM BEING AN ANNOYANCE TO NEARBY 
RESIDENTS. THE LOCATION AND TYPE OF SUCH 
LIGHTS, IF ANY, SHALL BE SUBJECT TO THE AP- 
PROVAL OF THE COMMISSIONER OF THE DEPART- 
MENT OF HOUSING AND COMMUNITY DEVELOP- 
MENT. THE BOUNDARIES OF SAID PARKING AREA 
SHALL BE PLANTED WITH SHRUBBERY NOT LESS 
THAN THREE FEET IN HEIGHT ABOVE GROUND 
LEVEL WHICH SHALL SERVE BOTH AS AN ORNA- 
MENTAL SCREEN ON ALL SIDES OF THE PROP- 
ERTY AND AS A BARRIER TO PREVENT PARKED 
VEHICLES FROM OBSTRUCTING SIDEWALKS AND 
OTHER RIGHTS OF WAY. SAID PARKING AREA 
SHALL BE EQUIPPED WITH A GATE, CHAIN OR 



ORDINANCES 31 

OTHER DEVICE TO PROHIBIT ENTRY WHEN NOT 
IN USE. DURING PERIODS OF USE, SUFFICIENT 
ATTENDANTS SHALL BE STATIONED TO ASSURE 
ORDERLY PARKING. THE PERMISSION HEREIN 
GRANTED SHALL APPLY ONLY DURING THE RAC- 
ING SEASON AT THE PIMLICO RACE TRACK SO 
LONG AS SAID PIMLICO RACE TRACK IS OPERATED 
AS A RACE TRACK SUBJECT TO THE JURISDICTION 
OF THE MARYLAND RACING COMMISSION. 

Sec. 33. And be it further ordained, That upon passage of 
this ordinance by the City Council, as evidence of the au- 
thenticity of the plat which is a part hereof and in order to 
give notice to the departments which are administering the 
Zoning Ordinance, the President of the City Council shall 
sign the plat and, when the M^yor approves the ordinance, 
he shall sign the plat. The City Treasurer shall then trans- 
mit a copy of the ordinance and one of the plats to the 
following: the Board of Municipal and Zoning Appeals, 
the Planning Commission, the Commissioner of the Depart- 
ment of Housing and Community Development, the Com- 
missioner of Transit and Traffic, and the Zoning Adminis- 
trator. 

Sec. S 4. And he it further ordained, That this ordinance 
shall take effect thirtj^ days from the date of its passager , 
AND AT SUCH TIME AS PIMLICO RACE TRACK 
CEASES TO OPERATE AS A RACE TRACK SUBJECT 
TO THE JURISDICTION OF THE MARYLAND RAC- 
ING COMMISSION, THIS ORDINANCE SHALL AUTO- 
MATICALLY BE REPEALED AND OF NO FURTHER 
EFFECT. WITH NO FURTHER ACTION REQUIRED 
BY THE MAYOR AND CITY COUNCIL OF BALTI- 
MORE. 

Approved December 12, 1973. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 490 

(Council No. 995) 

An Ordinance authorizing the ^layor and City Council of 
Baltimore to sell at either public or private sale in accord- 



32 ORDINANCES Ord. No. 490 

ance with Article V Section 5(b) of the City Charter 
all of the interest of the Mayor and City Council of 
Baltimore in and to the former bed of Jasper Street 
between Marion Street and a 4 foot alley south of 
Lexington Street. Said property being no longer needed 
for public use. 

Section 1. Be it ordained by the Mayor and City Coun- 
cil of Baltimore, That the Comptroller of Baltimore City 
be and he is hereby authorized to sell at either public or 
private sale in accordance with Article V Section 5(b) of 
the City Charter, all of the interest of the Mayor and City 
Council of Baltimore in and to the parcel of land situate in 
Baltimore City and described as follows: 

BEGINNING for the same at the point formed by the 
intersection of the north side of Marion Street, 12 feet wide, 
and the west side of the former bed of Jasper Street, 18 
feet wide, as condemned and closed, and running thence 
binding on the west side of the former bed of said Jasper 
Street, northerly 123 feet, more or less, to intersect the 
south side of a 4 foot alley, laid out 59 feet south of Lexing- 
ton Street; thence binding on the south side of said 4 foot 
alley, easterly 18 feet to intersect the east side of the 
former bed of said Jasper Street; thence binding on the 
east side of the former bed of said Jasper Street, southerly 
4gg lee^ jfto^ ^ les% 49.5 FEET, MORE OR LESS, TO 
THE NORTH OUTLINE OF THE PROPERTY NOW OR 
FORMERLY OWNED BY MELVIN THOMAS; THENCE 
BINDING ON THE NORTH, WEST, AND SOUTH OUT- 
LINES OF SAID PROPERTY THE THREE FOLLOW- 
ING COURSES AND DISTANCES; NAMELY, WEST- 
ERLY 9 FEET, SOUTHERLY 24.75 FEET, AND 
EASTERLY 9 FEET TO THE EAST SIDE OF THE 
FORMER BED OF SAID JASPER STREET; THENCE 
BINDING ON THE EAST SIDE OF THE FORMER 
BED OF SAID JASPER STREET, SOUTHERLY 48.75 
FEET to intersect the aforesaid north side of Marion Street 
and thence binding on the north side of said Marion Street, 
westerly 18 feet to the place of beginning. 

Said property being no longer needed for public use. 
Sec. 2. Be it further ordained, That no deed or deeds 



ORDINANCES 33 

shall pass in accordance herewith until the same shall have 
been first approved by the City Solicitor. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved December 12, 1973. 

WILLIAM DONALD SCHAEFER, Mayor, 



No. 491 
(Council No. 1057) 

An Ordinance providing for a supplementary special fund 
appropriation in the amount of Five Hundred Fifty-five 
Thousand Five Hundred Dollars ($555,500) to the Office 
of Telecommunications to be used for purchase of com- 
munications equipment connected with the modernization 
of the City's mobile radio communications system, in 
accordance with the provisions of Article VI, Section 
2(h)(2) of the Baltimore City Charter (1964 Revision). 

Whereas, the money appropriated herein represents a 
grant from a public source which could not be expected 
with reasonable certainty at the time of the formulation of 
the 1973-1974 Ordinance of Estimates ; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Bo.ard of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 
10th of October, 1973, all in accordance with Article VI, 
Section 2(h)(2) of the 1964 revised Charter of Baltimore 
City. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2(h)(2) of the 1964 revision of the Charter of 
Baltimore City, the sum of Five Hundred Fifty-five Thou- 
sand Five Hundred Dollars (S555.500) shall be made avail- 



34 ORDINANCES Ord. No. 492 

able to the Office of Telecommunications of the City of Balti- 
more as a supplementary^ special fund appropriation for the 
fiscal year ending June 30, 1974 for the purpose of pur- 
chasing communications equipment connected with the 
modernization of the City's mobile radio communications 
system. The amount thus made available as a supplementary 
special fund appropriation shall be expended from a grant 
of funds to the Mayor and City Council of Baltimore by the 
Federal Government, said sum being specifically allotted 
to the Mayor and City Council of Baltimore for the afore- 
said purpose; and said funds from said Federal revenue- 
sharing funds (Fourth Grant Period) shall be the source 
of revenue for this supplementary special fund appropria- 
tion, as required by Article VI, Section 2(h) (2) of the 1964 
revised Charter of Baltimore City. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved December 12, 1973. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 492 
(Council No. 1058) 

An Ordinance providing for a supplementary special fund 
appropriation in the amount of One Hundred Forty 
Eight Thousand Eight Hundred Dollars ($148,800) to 
the Office of Telecommunications to be used for moderni- 
zation of the City's mobile radio communications system, 
in accordance with the provisions of Article VI, Section 
2(h)(2) of the Baltimore City Charter (1964 Revision). 

Whereas, the money appropriated herein represents a 
grant from a public source which could not be expected 
with reasonable certainty at the time of the formulation 
of the 1973-1974 Ordinance of Estimates ; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 



ORDINANCES 35 

by the Board of Estimates, said recommendation having 
been made at ,a regular meeting of said Board held on the 
10th day of October, 1973, all in accordance with Article 
VI, Section 2(h)(2) of the 1964 revised Charter of Balti- 
more City. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, Sec- 
tion 2(h)(2) of the 1964 revision of the Charter of Balti- 
more City, the sum of One Hundred Forty Eight Thousand 
Eight Htmdred Dollars ($148,800) shall be made available 
to the Office of Telecommunications of the City of Baltimore 
as a supplementary special fund appropriation for the fiscal 
year ending June 30, 1974, for the purpose of modernizing 
the City's mobile radio communications system. The amount 
thus m.ade available as a supplementary special fund appro- 
priation shall be expended from a grant of funds to the 
Mayor and City Council of Baltimore by the Federal Gov- 
ernment for the Police Department ($135,000 as 90% Fed- 
eral share under an anticipated LEA A grant) and by the 
State of ]\Iaryland for the Baltimxore City Health Depart- 
ment ($13,800 as 20% State share), said sum being speci- 
fically allotted to the Mayor and City Council of Baltimore 
for the aforesaid purpose; and said funds from said Fed- 
eral Government and State of Maryland shall be the source 
of revenue for this supplementary special fund appropria- 
tion, as required by Article VI, Section 2(h)(2) of the 
1964 revised Charter of Baltimore City. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved December 12, 1973. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 493 

(Council No. 1059) 



An Ordinance providing for a supplementary general fund 
appropriation in the amount of Two Hundred Forty 



36 ORDINANCES Ord. No. 493 

Seven Thousand Two Hundred Dollars ($247,200) to the 
Office of Telecommunications to be used for modernization 
of the City's mobile radio communic^ation system, in ac- 
cordance with the provisions of Article VI, Section 2(h) 
(3) of the Baltimore City Charter (1964 Revision). 

Whereas, the money appropriated herein represents cer- 
tain surplus general funds carried over from the preceding 
fiscal year which have become a part of the general revenue 
of the City and .available for the general expenditures of the 
City in the current fiscal year, as provided in Article VI, 
Section 2(i) of the 1964 revised Charter of Baltimore City; 
and 

Whereas, the additional sum here appropriated is for a 
program included in the current principal Ordinance of 
Estimates m.ade necessary by a material change in cir- 
cumstances since the formulation and adoption of such 
ordinance, in accordance with Article VI, Section 2(h)(3) 
of said Charter ; and 

Whereas, the supplementary general fund appropriation 
ordained herein h.as been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 
10th day of October, 1973, all in accordance with Article 
VI, Section 2(h) (3) of said Charter. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, Sec- 
tion 2, of the 1964 revision of the Charter of Baltimore City, 
the sum of Two Hundred Forty Seven Thousand Two Hun- 
dred Dollars ($247,200) shall be made available to the 
Office of Telecommunications of the City of Baltimore as a 
supplementary general fund appropriation for the fiscal 
year ending June 30, 1974 for the purpose of modernizing 
the City's mobile radio communications system. The amount 
thus made available as a supplementary general fund appro- 
priation shall be expended from surplus general funds of 
the Mayor and City Council of Baltimore carried over from 
the preceding budget year; and said funds from the said 
surplus shall be the source of revenue for this supplemen- 
tary general fund appropriation, as required by Article VI, 



ORDINANCES 37 

Section 2(h) (3), of the 1964 revised Charter of Baltimore 

City. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved December 12, 1973. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 494 
(Council No. 1092) 

An Ordinance to repeal Section 234 (170b) of Article 31 of 
the Baltimore City Code (1966 Edition), title "Transit 
and Traffic," subtitle "Parking and Stopping," as or- 
dained by Administrative Order No. 306, effective Sep- 
tember 25, 1972, and ordain in lieu thereof a new Section 
206 (42a) of the same article and title, subtitle "Parking 
Meters," providing for parking meters on the east side 
of Clipper Mill Road from Union Avenue to a point 841 
feet south thereof. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Section 234 (170b) of Article 31 of the 
Baltimore City Code (1966 Edition) title "Transit and Traf- 
fic," subtitle "Parking and Stopping," as ordained by Ad- 
ministrative Order No. 306, effective September 25, 1972, 
be and it is hereby repealed and new Section 206 (42a) of 
the same article and title, subtitle "Parking Meters," be 
and it is hereby ordained in lieu thereof, to read as fol- 
lows: 

234. 

[(170b) Clipper Mill Road, east side, from Union Ave- 
nue to 274 feet south thereof, two hour parking 8 A.M. to 
6 P.M.] 

206. 

(J/-2a) Clipper Mill Road, easterly side, from Union Ave- 
nue to a voint 8^1 feet southerly therefrom. 



38 ORDINANCES Ord. No. 496 

Sec. 2. And he it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved December 12, 1973. 

WILLIAM DONALD SCHAEFER, Mayor, 



No. 495 
(Council No. 1093) 

An Ordinance to add a new Section 239 (87a) to Article 31 
of the Baltimore City Code (1966 Edition), title "Trans- 
it and Traffic," subtitle 'Tarking and Stopping," to fol- 
low immediately after Section 239(87) thereof, restrict- 
ing the parking of vehicles on a portion of Highfield 
Road. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That a new Section 239 (87a) be and it is 
hereby added to Article 31 of the Baltimore City Code 
(1966 Edition), title 'Transit and Traffic," subtitle "Park- 
ing and Stopping," to follow immediately after Section 
239(87) thereof, and to read as follows : 

239. 

(87a) Highfield Road, northerly side, from Charles 
Street to St. Paul Street, no parking between the hours of 
1 a.m. and 9 a.m. 

Sec. 2. And be it further ordained. That this ordinance 
shall take effect from the date of its passage. 

Approved December 12, 1973. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 496 
(Council No. 1036) 

An Ordinance to comply with the requirements of Para- 
graph 1400a of Article 32 of the Baltimore City Code 



ORDINANCES 39 

(1966 Edition), said Article being known generally as 
the Building Code of Baltimore City, in order to give the 
assent of the Mayor and City Council of Baltimore to the 
construction, erection, or conversion of, or addition to any 
building or other structure to be used for twin motion 
picture theatres on the premises known as 711 West 
40th Street. 

Section 1. Be it ordained by the Mayor and City Coun- 
cil of Baltimore, That pursuant to the requirements of 
Paragraph 1400a of Article 32 of the Baltimore City Code 
(1966 Edition), said Article being known generally as The 
Building Code of Baltimore City, the assent of the Mayor 
and City Council of Baltimore is given to the construction, 
erection, or conversion of, or addition to any building or 
structure to be used for twin motion picture theatres on the 
premises known as 711 West 40th Street. ALL ORDI- 
NANCES, RULES AND REGULATIONS OF THE 
MAYOR AND CITY COUNCIL OF BALTIMORE SHALL 
BE COMPLIED WITH IN THE CONSTRUCTION AND 
OPERATION OF THESE THEATRES. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved December 14, 1973. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 497 
(Council No. 1030) 

An Ordinance to condemn and open, Tiffany Street, 12 feet 
wide, and extending from Dolphin Street, Northwesterly 
341.50 feet to the end thereof in accordance with a plat 
thereof numbered 318-A-19, prepared by the Surveys 
and Records Division and filed in the Office of the Depart- 
ment of Assessments, on the Twenty-ninth (29th) day 
of August, 1973, and now on file in said office. 



40 ORDINANCES Ord. No. 497 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Department of Assessments be, and 
they are hereby authorized and directed to condemn, open. 
Tiffany Street, 12 feet wide, and extending from Dolphin 
Street, Northwesterly 341.50 feet to the end thereof, the 
street hereby directed to be condemned for said opening 
being described as follows : 

Beginning for the same at the point formed by the inter- 
section of the northwest side of Dolphin Street, 66 feet 
wide, and the northeast side of Tiffany Street, 12 feet wide, 
said point of beginning being at the distance of 135.50 
feet southwesterly, measured along the northwest side of 
said Dolphin Street from the southwest side of Madison 
Avenue, 66 feet wide, and running thence binding on the 
northwest side of said Dolphin Street, Southwesterly 12 feet 
to intersect the southwest side of said Tiffany Street; 
thence binding on the southwest side of said Tiffany 
Street, Northwesterly 341.50 feet to the southeast side of 
the former bed of Lanvale Street, as condemned and closed 
in accordance with Ordinance No. 1497 approved January 
10, 1963 ; thence binding on the southeast side of the former 
bed of said Lanvale Street, Northeasterly 12 feet to the 
aforesaid northeast side of Tiffany Street and thence binding 
on the northeast side of said Tiffany Street, Southeasterly 
341.50 feet to the place of beginning; the said Tiffany 
Street as directed to be condemned being more particularly 
described and referred to among the Land Records of Balti- 
more City and delineated and particularly shown on a plat 
numbered 318-A-19 which was filed in the Office of the 
Department of Assessments on the Twenty-ninth day of 
August in the year 1973, and is now on file in said Office. 

Sec. 2. And be it further ordained, That the proceedings 
of said Department of Assessments, with reference to the 
condemnation and opening of said Tiffany Street and the 
proceedings and rights of all parties interested or affected 
thereby, shall be regulated by, and be in accordance with, 
any and all applicable provisions of Article 4 of the Code of 
Public Local Laws of Maryland and the Charter of Baltimore 
City (1964 Revision) and any and all amendments 
thereto, and any and all other Acts of the General Assembly 
of Maryland, and any and all ordinances of the Mayor and 
City Council of Baltimore, and any and all rules or regula- 



ORDINANCES 41 

tions in effect which have been adopted by the Director of 
Assessments and filed with the Department of Legislative 
Reference. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved December 18, 1973. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 498 

(Council No. 1031) 

An Ordinance to condemn and close Tiffany Street, 12 feet 
wide, and extending from Dolphin Street, Northwest- 
erly 341.50 feet to the end thereof in accordance with 
a plat thereof numbered 318-A-19A, prepared by the 
Surveys and Records Division, and filed in the Office of 
the Department of Assessments, on the Thirtieth (30th) 
day of August, 1973, and now on file in said office. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Department of Assessments be, and 
they are hereby authorized and directed to condemn and 
close Tiffany Street, 12 feet wide, and extending from 
Dolphin Street, Northwesterly 341.50 feet to the end 
thereof, the street hereby directed to be condemned for 
said closing being described as follows : 

Beginning for the same at the point formed by the inter- 
section of the northwest side of Dolphin Street, 66 feet 
wide, and the northeast side of Tiffany Street, 12 feet wide, 
said point of beginning being at the distance of 135.50 feet 
southwesterly, measured along the northwest side of said 
Dolphin Street from the southwest side of Madison Avenue, 
66 feet wide, and running thence binding on the northwest 
side of said Dolphin Street, Southwesterly 12 feet to inter- 
sect the southwest side of said Tiffany Street; thence 
binding on the southwest side of said Tiffany Street, 



42 ORDINANCES Ord. No. 498 

Northwesterly 341.50 feet to the southeast side of the 
former bed of Lanvale Street, as condemned and closed in 
accordance with Ordinance No. 1497 approved January 10, 
1963; thence binding on the southeast side of the former 
bed of said Lanvale Street, Northeasterly 12 feet to the 
aforesaid northeast side of Tiffany Street and thence bind- 
ing on the northeast side of said Tiffany Street, Southeast- 
erly 341.50 feet to the place of beginning; the said Tiffany 
Street as directed to be condemned being more particularly 
described and referred to among the Land Records of Balti- 
more City and delineated and particularly shown on a plat 
numbered 318-A-19A which was filed in the Office of the 
Department of Assessments on the Thirtieth day of August 
in the year 1973, and is now on file in the said Office. 

Sec. 2. And he it further ordained, That after said high- 
way or highways shall have been closed under the provi- 
sions of this Ordinance, all subsurface structures and 
appurtenances now owned by the Mayor and City Council 
of Baltimore, shall be and continue to be the property of the 
Mayor and City Council of Baltimore, in fee simple, until the 
use thereof shall be abandoned by the Mayor and City 
Council of Baltimore, and in the event that any person, firm 
or corporation shall desire to remove, alter or interfere 
therewith, such person, firm or corporation shall first 
obtain permission and permits therefor from the Mayor 
and City Council of Baltimore, and shall in the application 
for such permission and permits agree to pay all costs and 
charges of every kind and nature made necessary by such 
removal, alteration or interference. 

Sec. 3. And he it further ordained, That no buildings or 
structures of any kind shall be constructed or erected in 
said portion of said highway or highways after the same 
shall have been closed under the provisions of this Ordi- 
nance until the subsurface structures and appurtenances 
now o\vned by the Mayor and City Council of Baltimore, 
over which said buildings or structures are proposed to be 
constructed or erected shall have been abandoned or shall 
have been removed and relaid in accordance with the 
specifications and under the direction of the Director of 
Public Works of Baltimore City, and at the expense of the 
person or persons or body corporate desiring to erect such 



ORDINANCES 43 

buildings or structures. Railroad tracks shall be taken to be 
"structures" within the meaning of this section. 

Sec. 4. And be it further ordained, That after said 
highway or highways shall have been closed under the pro- 
visions of this ordinance, all subsurface structures and 
appurtenances owned by any person, firm or corporation, 
other than the Mayor and City Council of Baltimore, shall 
upon notice from the Director of Public Works of Balti- 
more City, be promptly removed by and at the expense 
of the said owners. 

Sec. 5. And he it further ordained, That on and after 
the closing of said highway or highways, the said Mayor 
and City Council of Baltimore, acting through its duly 
authorized representatives, shall, at all times, have access 
to said property and to all subsurface structures and appur- 
tenances used by it therein, for the purposes of inspection, 
maintenance, repair, alteration, relocation and/or replace- 
ment, of any or all of said structures and appurtenances, 
and this without permission from or compensation to the 
owner or owners of said land. 

Sec. 6. And he it further ordained, That the proceedings 
of said Department of Assessments, with reference to the 
condemnation and closing of said Tiffany Street and the 
proceedings and rights of all parties interested or affected 
thereby, shall be regulated by, and be in accordance with, 
any and all applicable provisions of Article 4 of the Code of 
Public Local Laws of Maryland and the Charter of Baltimore 
City (1964 Revision) and any and all amendments thereto, 
and any and all other Acts of the General Assembly of 
Maryland, and any and all ordinances of the Mayor and City 
Council of Baltimore, and any and all rules or regulations 
in effect which have been adopted by the Director of 
Assessments and filed with the Department of Legislative 
Reference. 

Sec. 7. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved December 18, 1973. 

WILLIAM DONALD SCHAEFER, Mayor. 



44 ORDINANCES Ord. No. 499 

No. 499 
(Council No. 1108) 

An Ordinance to authorize the Mayor and City Council of 
Baltimore, pursuant to and in accordance with the Mary- 
land Industrial Development Financing Authority Act to 
acquire the property situated at the intersection of Mag- 
nolia Avenue and English Consul Avenue, Baltimore, 
Maryland, and lease same to the Stewart In Fra Red Com- 
missary of Maryland, Inc.; to borrow a sum of money 
not to exceed Two Hundred Sixteen Thousand, Nine 
Hundred Dollars ($216,900), ^and use the same to ac- 
quire and improve said property ; to execute the necessary 
legal documents to secure said loan; and conferring and 
imposing upon the Baltimore City Economic Develop- 
ment Commission certain powers and duties. 

Whereas, Article 1, Sections 49 through 55, of the Bal- 
timore City Code (1966 Edition) created the Baltimore 
City Economic Development Commission, hereinafter called 
"Commission," and vested in it certain powers and duties to 
be exercised in connection with aiding the industrial 
growth of Baltimore City ; and 

Whereas, Article 41, Sections 266J to 266CC, inclusive, 
of the Annotated Code of Maryland (1971 Replacement 
Volume and 1972 1973 Supplement) created and amended 
the Maryland Industrial Development Financing Authority, 
hereinafter called "MIDFA,'' and vested in it certain powers 
and duties in connection with the preservation and better- 
ment of the economy of the State ; and 

Whereas, the aforementioned sections of said Article 41 
of the Annotated Code of Maryland, among other things, 
authorize any municipality of this State to borrow money 
without pledging its full faith and credit, and to execute 
a mortgage as security therefor, and use such money to 
defray the cost of acquiring any industrial project, includ- 
ing land, buildings and equipment, either by purchase or 
construction, after the adoption of an ordinance by the 
legislative body of the municipality to do so ; and 

Whereas, the Stewart In Fra Red Commissary of Mary- 
land, Inc., a corporation organized and existing under the 



ORDINANCES 45 

laws of the State of Maryland, by its letter of intent dated 
September 24, 1973, addressed to the Mayor of Baltimore, 
hereinafter called "City," has requested aid and assistance 
from the City in connection with the acquisition and im- 
provements to the property hereinafter designated in Balti- 
more City which is to be used by the aforesaid Company; 
and 

Whereas, it has been determined that cooperation by 
the City in connection with the aforementioned undertaking 
will imiDrove the economic condition of Baltimore City; 
now, therefore, 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That: (a) pursuant to and in accordance 
with the terms and provisions of Sections 266J to 266CC 
of Article 41 of the Annotated Code of Maryland (1971 
Replacement Volume and 1 72 1973 Supplement), which 
created and amended MIDFA : 

(1) The City be and it is hereby authorized to acquire 
by negotiation and not by eminent domain the land and 
improvements situated at the intersection of Magnolia Ave- 
nue and English Consul Avenue, Ward 25, Section 5, Block 
7628, Lots 66 and 67, Baltimore, Maryland. 

(2) The aforementioned property shall be acquired only 
for the purpose of leasing it to the Stewart In Fra Red 
Commissary of Maryland, Inc., to be used by it in connec- 
tion with its business operations, upon such terms and 
conditions as may be mutually agreed upon by the City and 
said Company. 

(3) The City be and it is hereby fully authorized and 
empowered to borrow a sum of money not exceeding Two 
Hundred Sixteen Thousand, Nine Hundred Dollars ($216,- 
900) and to use the same for or in connection with the 
acquisition and improvements to the aforementioned prop- 
erty, and to execute a mortgage on said property to secure 
the .aforesaid loan; the term of said mortgage shall not 
exceed sixteen (16) years, and the rate of interest to be 
paid by the City in connection with said loan shall not ex- 
ceed six percent (6%) per annum. In the event that said 
interest is declared to be taxable to the lender bv federal or 



46 ORDINANCES Ord. No. 500 

state statute, revenue ruling, or court decision, the interest 
rate will automatically be increased to olovon porcont 
{ll</c) TEN PERCENT (10%). 

(4) The terms and provisions of any and all legal 
instruments to be executed or entered into by the City in 
connection with the transaction authorized by this ordi- 
nance shall be subject to the approval of the Board of Esti- 
mates. 

Sec. 2. And be it further ordained, That the Commission 
is hereby fully authorized and empowered for the purpose 
of this ordinance only : 

(a) To promote, make investigations, conduct prelim- 
inary negotiations, and do any and all other things neces- 
sary or proper to expedite the consummation of the trans- 
actions mentioned in this ordinance; all pursuant and 
subject to the provisions of the Charter of Baltimore City. 

(b) After the transactions mentioned in this ordinance 
have been fully consummated, the Commission shall do 
any and all other things necessary, proper or expedient to 
assure the full performance by the Stewart In Fra Red 
Commissary of Maryland, Inc., of any and all of the terms 
and provisions in any and all agreements entered into by 
the City and the Stewart In Fra Red Commissary of Mary- 
land, Inc., all subject to the provisions of the Charter of 
Baltimore City. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved December 18, 1973. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 500 
(Council No. 1109) 

An Ordinance providing for a supplementary special loan 
fund appropriation in the amount of Two Hundred Six- 



ORDINANCES 47 

teen Thousand Nine Hundred Dollars ($216,900) to the 
Baltimore City Economic Development Commission to 
be used for property acquisition and improvement under 
the Maryland Industrial Development Financing Author- 
ity and City Ordinance in accordance with the 
provisions of Article VI, Sections 2(h)(3) of the Balti- 
more City Charter (1964 Revision). 

Whereas, the money appropriated herein represents the 
proceeds of an Industrial Development loan fully guaran- 
teed by the Maryland Industrial Development Financing 
Authority ; and 

Whereas, Ordinance 1974 provides a sum of 

money not to exceed Two Hundred Sixteen Thousand Nine 
Hundred Dollars ($216,900) for the purchase and improve- 
ment of the property at the intersection of Magnolia Ave- 
nue and English Consul Avenue, Baltimore, Maryland ; and 

Whereas, Ordinance 1974 provides for the 

leasing of the aforementioned property to the Stewart In 
Fra Red Commissary of Maryland, Inc., to be used in 
connection with its business operation ; and 

Whereas, the Industrial Development loan constitutes 
a material change in circumstances since adoption of the 
1973-1974 Ordinance of Estimates ; and 

Whereas, the supplementary special loan fund appro- 
priation ordained herein has been recommended to the City 
Council by the Board of Estimates, said recommendation 
having been made at a regular meeting of said Board held 
on the 24th day of October, 1973, all in accordance with 
Article VI, Section 2(h)(3) of the 1964 revised Charter of 
Baltimore City. 

Section 1. Be it ordained by the Mayor and City Coun- 
cil of Baltimore, That under the provisions of Article VI, 
Section 2(h)(3) of the 1964 revision of the Charter of 
Baltimore City, the sum of Two Hundred Sixteen Thou- 
sand Nine Hundred Dollars ($216,900) shall be made avail- 
able to the Economic Development Commission of the City 
of Baltimore as a supplementary special loan fund appro- 
priation for the fiscal year ending June 30, 1974 for the 
purpose of acauirins: and improving: the property situated 



48 ORDINANCES Ord. No. 501 

at the intersection of Magnolia Avenue and English Consul 
Avenue, Baltimore, Maryland. The amount thus made avail- 
able as a supplementary special loan fund appropriation 
shall be expended from an Industrial Development Loan and 
shall be the source of revenue for this supplementary 
special loan fund appropriation, as required by Article VI, 
Section 2(h)(3) of the 1964 revised Charter of Baltimore 
City. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved December 18, 1973. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 501 

(Council No. 1143) 

An Ordinance authorizing the Mayor and City Council of 
Baltimore to sell at either public or private sale in ac- 
cordance with subsection (15) of Article II of the City 
Charter, all of the interest of the Mayor and City Council 
of Baltimore in and to those parcels of ground situate in 
Baltimore City known as Nos. 3901, 3903, 3905, and 
3907 Old York Road and all that lot of ground situate at 
the noi-thwest corner of Ellerslie Avenue and a ten foot 
alley first west of Frisby Street with a frontage of 138 
feet 8 inches more or less on the north side of Ellerslie 
Avenue and a depth of 57 feet lli/> inches more or less 
along the west side of said ten foot alley, being known 
as Lot 17/18 on City Block Plat 3919. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Commissioner of the Department of 
Housing and Community Development be and he is hereby 
authorized to sell at either public or private sale in ac- 
cordance with Subsection (15) of Article II of the City 
Charter, all of the interest of the Mayor and City Council 
of Baltimore in and to those parcels of ground situate in 
Baltimore City known as Nos. 3901, 3903, 3905, and 3907 



ORDINANCES 49 

Old Yorl: Road and all that lot of ground situate at the 
northwest corner of Ellerslie Avenue and a ten foot alley 
first west of Frisby Street with a frontage of 138 feet 8 
inches more or less on the north side of Ellerslie Avenue 
and a depth of 57 feet 11 14 inches more or less along the 
west side of said ten foot alley, being known as Lot 
17/18 on City Block Plat 3919. 

Sec. 2. And be it further ordained, That no deed or deeds 
shall pass in accordance herewith until the same shall have 
been first-approved by the City Solicitor. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved December 18, 1973. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 502 
(Council No. 1053) 

An Ordinance to repeal and reordain with amendments 
Section 504 of Chapter V of Article 44 13 of the Baltimore 
City Code (i9^ 1966 Edition), title "Housing AND 
URBAN RENEWAL," subtitle "Standards For Equip- 
ment and Facilities," as enacted by Ordinance 902, ap- 
proved December 22, 1966; and to repeal and reordain 
with amendments Section 609 of the same article and title, 
subtitle "Light ; Ventilation, Heating and Electrical Serv- 
ice", providing for bathing facilities in every dwelling 
unit within a dwelling and to provide for the installation 
of certain duplex electrical outlets and their location 
within a dwelling. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Section 504 of Chapter V of Article 44 
13 of the Baltimore City Code (49&0 1966 Edition), title 
"Housing AND URBAN RENEWAL," subtitle "Standards 
for Equipment and Facilities," as enacted by Ordinance 



50 ORDINANCES Ord. No. 502 

902, approved December, 1966, be and the same is hereby 
repealed and reordained with amendments to read as 
follows : 

504. Bathing Facilities 

Every dwelling unit shall contain within a room which 
affords privacy, a bathtub or shower in good working con- 
dition which shall be properly connected to both hot and 
cold water lines and to the public sanitary sewer or to an 
approved sewage disposal system. Such bathing facilities 
shall be within and accessible from within the dwelling 
unit. [This Section shall not apply to any two story dwell- 
ing which contains not more than two dwelling units, 
provided there is at least one such facility available for 
the occupants of such dwelling.] The sharing of an existing 
bathing facility in a two story divelling containing not more 
than tivo dwelling units other-wise meeting the provisions of 
this Code shall be unacceptable after tivo (2) years from the 
passage of this ordinance. The floor of such room shall be 
made impervious to water to prevent structural deteriora- 
tion and any development of insanitary conditions. 

Sec. 2. And be it further ordained, That Section 609 of 
Chapter VI of Article 44 13 of the Baltimore Citv Code 
(i-9^ 1966 Edition), title ''Housing AND URBAN RE- 
NEWAL," subtitle ''Light; Ventilation, Heating and Elec- 
trical Service," as enacted by Ordinance 902, approved De- 
cember 22, 1966, be and the same is hereby repealed and 
reordained with amendments to read as follows: 

609. Electrical Outlets 

[Except in the case of o\vner-occupied single-family 
dwellings] Every habitable room [actually used as such] 
shall contain at least two (2) separate duplex convenience 
outlets. Outlets shall be so located as reasonable to provide 
service to appliances in different parts of the room. In sleep- 
ing rooms and dining rooms, a ceiling fixture may be sub- 
stituted for one of the required duplex outlets. The excessive 
use of extension cords [including o\vner-occupied, single- 
family dwellings] shall be construed as a condition re- 
quiring additional duplex outlets. Duplex convenience out- 
lets as herein provided, which may be lacking in owner 



ORDINANCES 51 

occupied single family dwellings otherwise meeting the 
provisions of this Code shall he installed no later than one 
year from the passage of this Code. 

Sec. 4. And he it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved December 20, 1973. 

WILLIAM DONALD SCHAEFER, Mayor, 



No. 503 
(Council No. 1144) 

An Ordinance to repeal and re-ordain, with amendments, 
Section 120 of Article 1 of the Baltimore City Code (1966 
Edition as amended), title "Mayor, City Council, Munic- 
ipal Agencies," subtitle "Right of Check-off," as said 
Section was ordained by Ordinance No. 251, approved 
September 30, 1968 and amended by Ordinance No. 587, 
approved September 29, 1969, to provide a right of 
check-off to only those employee organizations certified 
as the exclusive representative of employees in a desig- 
nated unit upon certain conditions and for a certain pe- 
riod of time. 

Section 1. Be it ordained hy the Mayor and City Council 
of Baltimore, That Section 120 of Article 1 of the Baltimore 
City Code (1966 Edition as amended), title "Mayor, City 
Council, Municipal Agencies," subtitle "Right of CJheck- 
off," as said section was ordained by Ordinance No. 251, 
approved September 30, 1968 and amended by Ordinance 
No. 587, approved September 29, 1969, be and it is hereby 
repealed and re-ordained, with amendments, to read as fol- 
lows : 

120. Right of Check-off. 

Any [certified] employee organization certified as the 
exclusive representative of employees in a designated unit, 



52 ORDINANCES Ord. No. 504 

upon the presentation of dues deduction authorization cards 
duly executed by individual employees in said unit, shall 
be entitled to have such employees' membership dues de- 
ducted from his paycheck and remitted to the designated 
employee organization; such authorization shall be irre- 
vocable for the period of one year, and automatically re- 
newable from year to year thereafter unless written notice 
of termination by the employee is given to the employer at 
least thirty days prior to the anniversary date. An employee 
organization shall be entitled to such dues deduction only 
in those units ivhere said em^^loyee organization has been 
certified as the exclusive representative and only during the 
period that said employee organization continues to be so 
certified as the exclusive representative. 

[Any employee organization certified in any appropriate 
unit shall be entitled to such dues deduction on a city- 
wide basis during the period of its certification.] 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved December 20, 1973. 

WILLIAM DONALD SCHAEFER, Mayor, 



No. 504 
(Council No. 1145) 

An Ordinance to authorize the Mayor and City Council of 
Baltimore, pursuant to and in accordance with the Mary- 
land Industrial Development Financing Authority Act to 
acquire the property at 111 Kane Street, Baltimore, Mary- 
land, and lease same to the Slaysman Company; to borrow 
a sum of money not to exceed Five Hundred Thousand 
Dollars ($500,000), and use the same to acquire and 
improve said property; and to borrow a sum of money 
not to exceed One Hundred Thousand Dollars ($100,000) 
and use the same to acquire and install machinery and 
equipment for lease to the Slaysman Company ; to execute 
the necessary legal documents to secure said loans; and 



ORDINANCES 53 

conferring and imposing upon the Baltimore City Eco- 
nomic Development Commission certain powers and 
duties. 

Whereas, Article 1, Sections 48 through 55, of the Balti- 
more City Code (1966 Edition) created the Baltimore City 
Economic Development Commission, hereinafter called 
"Commission," and vested in it certain powers and duties to 
be exercised in connection with aiding the industrial growth 
of Baltimore City; and 

Whereas, Article 41, Sections 266J to 266CC, inclusive, 
of the Annotated Code of Maryland (1971 Replacement Vol- 
ume and 1973 Supplement) created and amended the Mary- 
land Industrial Development Financing Authority, herein- 
after called ''MIDFA,'* and vested in it certain powers and 
duties in connection with the preservation and betterment 
of the economy of the State; and 

Whereas, the aforementioned sections of said Article 41 
of the Annotated Code of Maryland, among other things, 
authorize any municipality of this State to borrow money 
without pledging its full faith and credit, and to execute a 
mortgage as security therefor, and use such money to defray 
the cost of acquiring any industrial project, including land, 
buildings and equipment, either by purchase or construction, 
after the adoption of an ordinance by the legislative body 
of the municipality to do so; and 

Whereas, The Slaysman Company, a corporation or- 
ganized and existing under the laws of the State of Mary- 
land, by its letter of intent dated November 9, 1973, ad- 
dressed to the Mayor of Baltimore, hereinafter called 
"City," has requested aid and assistance from the City in 
connection with the acquisition, improvements, and equip- 
ping of the property hereinafter designated in Baltimore 
City which is to be used by the aforesaid Company; and 

Whereas, it has been determined that cooperation by the 
City in connection with the aforementioned undertaking will 
improve the economic condition of Baltimore City; now, 
therefore, 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That: (a) pursuant to and in accordance with 



54 ORDINANCES Ord. No. 504 

the terms and provisions of Sections 266J to 266CC of Ar- 
ticle 41 of the Annotated Code of Maryland (1971 Replace- 
ment Volume and 1973 Supplement), which created and 
amended MIDFA : 

(1) The City be and it is hereby authorized to acquire 
by negotiation and not by eminent domain the land and 
improvements located at 111 Kane Street, Ward 26, Section 
17, Block 6345D, Lot 4, Baltimore, Maryland 21224. 

(2) The aforementioned property shall be acquired only 
for the purpose of leasing it to The Slaysman Company, 
to be used by it in connection with its business operations, 
upon such terms and conditions as may be mutually agreed 
upon by the City and said Company. 

(3) The City be and it is hereby fully authorized and 
empowered to borrow a sum of money not exceeding Five 
Hundred Thousand Dollars ($500,000) and to use the same 
for or in connection with the acquisition and improvements 
to the aforementioned property, and to execute a mortgage 
on said property to secure the aforesaid loan; the term of 
said mortgage shall not exceed twenty one (21) years, and 
the rate of interest to be paid by the City in connection with 
said loan shall not exceed six and one half percent (61/2%) 
per annum. In the event that said interest is declared to be 
taxable to the lender by federal or state statute, revenue 
ruling, or court decision, the interest rate will immediately 
be increased to twelve percent (12% ) . 

(4) The City be and it is hereby fully authorized and 
empowered to borrow a sum of money not exceeding One 
Hundred Thousand Dollars ($100,000), and to use the same 
to acquire and install machinery and equipment in the afore- 
mentioned property, to be used by The Slaysman Company 
in connection with its business operations and to execute 
such legal documents as may be necessary to secure the 
aforesaid loan ; the time for repayment of such loan shall not 
exceed the normal useful life of said machinery and equip- 
ment, and in no event shall exceed eleven (11) years, which- 
ever period of time is less, and the rate of interest to be paid 
in connection with such loan shall not exceed six and one 
half percent (61/2%) per annum. In the event that said in- 
terest is declared to be taxable to the lender by federal or 



ORDINANCES 55 

state statute, revenue ruling, or court decision, the interest 
rate will immediately be increased to twelve percent (12%). 

(a) The terms and provisions of any and all legal instru- 
ments to be executed or entered into by the City in connection 
with the transaction authorized by this ordinance shall be 
subject to the approval of the Board of Estimates. 

Sec. 2. And be it further ordained, That the Commission 
is hereby fully authorized and empowered for the purpose of 
this ordinance only : 

(a) To promote, make investigations, conduct prelim- 
inary negotiations, and do any and all other things necessary 
or proper to expedite the consummation of the transactions 
mentioned in this ordinance; all pursuant and subject to the 
provisions of the Charter of Baltimore City. 

(b) After the transactions mentioned in this ordinance 
have been fully consummated, the Commission shall do any 
and all other things necessary, proper or expedient to assure 
the full performance by The Slaysman Company, of any and 
all of the terms and provisions in any and all agreements 
entered into by the City and The Slaysman Company, all 
subject to the provisions of the Charter of Baltimore City. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved December 20, 1973. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 505 
(Council No. 1146) 

An Ordinance providing for a supplementary special loan 
fund appropriation in the amount of Six Hundred Thou- 
sand Dollars ($600,000) to the Baltimore City Economic 
Development Commission to be used for property acquisi- 
tion and improvement under the Maryland Industrial 



56 ORDINANCES Ord. No. 505 

Development Financing Authority and City Ordinance 
in accordance with the provisions of Article VI, Section 
2(h) (3) of the Baltimore City Charter (1964 Revision). 

Whereas, Article 41, Section 266J to 266CC, inclusive, of 
the Annotated Code of Maryland (1971 Replacement Vol- 
ume and 1972 Supplement) which created and amended the 
Maryland Industrial Development Financing Authority, 
hereinafter called "MIDFA," and vested in it certain powers 
and duties in connection with the preservation and better- 
ment of the economy of the State, authorizes any municipal- 
ity of this State to borrow money without pledging its full 
faith and credit, and to execute a mortgage as security there- 
fore, and use such money to defray the cost of acquiring any 
industrial project including land, buildings and equipment, 
either by purchase or construction, after the adoption of an 
ordinance by the legislature of the municipality to do so; 
and 

Whereas, the money appropriated herein represents the 
proceeds of an Industrial Development Loan fully guaran- 
teed by the Maryland Industrial Development Financing Au- 
thority; and 

Whereas, Ordinance — 1974 provides a sum of money 

not to exceed Five Hundred Thousand Dollars ($500,000) 
for the acquisition and improvement of the property at 111 
Kane Street, Baltimore, Maryland, and also provides a sum 
of money not to exceed One Hundred Thousand Dollars 
($100,000) for the acquisition and installation of equipment 
and machinery at said location; and 

Whereas, Ordinance — 1974 provides for the leasing 

of the aforementioned property to The Slaysman Company 
to be used in connection with its business operations; and 

Whereas, the Industrial Development Loan constitutes a 
material change in circumstances since the adoption of the 
1973-1974 Ordinance of Estimates; and 

Whereas, the supplementary special loan fund appropria- 
tion ordained herein has been recommended to the City 
Council by the Board of Estimates, said recommendation 
having been made at a regular meeting of said Board held 
on the 5th day of December, 1973, all in accordance with 



ORDINANCES 57 

Article VI, Section 2(h) (3) of the 1964 revised Charter of 
Baltimore City. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, Sec- 
tion 2(h) (3) of the 1964 revision of the Charter of Balti- 
more City, the sum of Six Hundred Thousand Dollars 
($600,000) shall be made available to the Economic Develop- 
ment Commission of the City of Baltimore as a supplement- 
ary special loan fund appropriation for the fiscal year 
ending June 30, 1974, for the purpose of acquiring and im- 
proving the property at 111 Kane Street. The amount thus 
made available as supplementary special loan fund appro- 
priation shall be expended from an Industrial Development 
Loan and shall be the source of revenue for this supple- 
mentary special loan fund appropriation, as required by 
Article VI, Section 2(h)(3) of the 1964 revised Charter of 
Baltimore City. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved December 20, 1973. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 506 
(Council No. 1152) 

An Ordinance providing for the transfer of Federal revenue 
sharing fund appropriations in the amount of Thirty- 
Three Million Two Hundred Sixty-Two Thousand Four 
Hundred Twenty Dollars and Thirty-Five Cents ($33,- 
262,420.35) to a single general federal revenue sharing 
account to be used for the purposes for which originally 
authorized in accordance with the provisions of Article 
VII, Section 8 of the Baltimore City Charter (1964 Revi- 
sion). 

Whereas, the money transferred herein represents grants 
of funds from the Federal Government under the State 
and Local Assistance Act of 1972 ; and 



58 ORDINANCES Ord. No. 507 

Whereas, said grants of funds were previously appro- 
priated by the Mayor ^nd City Council of Baltimore, to be 
accounted for by the several revenue sharing entitlement 
periods in accordance with Federal regulations ; and 

Whereas, regulations recently promulgated by the Fed- 
eral Government authorize an accounting procedure com- 
monly known as FIFO (First In — First Out) wherein the 
first monies spent, obligated, or appropriated are considered 
to have originated from the first entitlement period, then 
the next dollar so authorized or obligated is assumed to 
have come from the second entitlement period, and so forth ; 
and 

Whereas, these new regulations permit the accounting 
for Federal revenue sharing funds from all entitlement 
periods through a single trust fund, all of which will greatly 
facilitate the bookkeeping, interest allocations, and budg- 
etary activities of the City of Baltimore. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VII, Sec- 
tion 8 of the 1964 revision of the Charter of Baltimore City, 
the sum of Thirty-Three Million Two Hundred Sixty-Two 
Thousand Four Hundred Twenty Dollars and Thirty-five 
Cents ($33,262,420.35) previously appropriated from Fed- 
eral revenue sharing funds and accounted for by various 
entitlement periods shall be transferred for the purposes 
for which originally authorized to a single general federal 
revenue sharing account. 

Sec. 2. A7id be it further ordained, That this ordinance 
shall take effect from the 4ate e# its passage JANUARY 1, 
1974. 

Approved December 20, 1973. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 507 
(Council No. 937) 

An Ordinance to amend Sheet No. 12 of the Zoning District 
Maps of Article 30 of the Baltimore City Code (1966 Edi- 



ORDINANCES 59 

tion), title "Zoning," (Ordinance No. 1051, approved 
April 20, 1971) by changing from the R-5 Zoning District 
to the R-7 Zoning District the property known generally 
as 5201 Ethelbert Avenue, as outlined in red on the plats 
accompanying this ordinancer , AND PROVIDING FOR 
THE AUTOMATIC REPEAL OF THIS ORDINANCE 
UNDER CERTAIN CONDITIONS. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Sheet No. 12 of the Zoning District 
Maps of Article 30 of the Baltimore City Code (1966 Edi- 
tion), title ''Zoning," (Ordinance No. 1051, approved April 
20, 1971) be and it is hereby amended by changing from 
the R-5 Zoning District to the R-7 Zoning District the 
property known generally as 5201 Ethelbert Avenue, as 
outlined in red on the plats accompanying this ordinance. 

Sec. 2. And he it further ordained, That upon passage of 
this ordinance by the City Council, as evidence of the au- 
thenticity of the plat which is a part hereof and in order to 
give notice to the departments which are administering 
the Zoning Ordinance, the President of the City Council 
slxall sign the plat and, when the Mayor approves the ordi- 
nance, he shall sign the plat. The City Treasurer shall then 
transmit a copy of the ordinance and one of the plats to the 
following : the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of the Department 
of Housing and Community Development and the Zoning 
Administrator. 

Sec. 3. And he it further ordained. That this ordinance 
shall take effect thirty days from the date of its passager , 
AND AT SUCH TIME AS PIMLICO RACE TRACK 
CEASES TO OPERATE AS A RACE TRACK SUBJECT 
TO THE JURISDICTION OF THE MARYLAND RAC- 
ING COMMISSION, THIS ORDINANCE SHALL AUTO- 
MATICALLY BE REPEALED AND OF NO FURTHER 
EFFECT, WITH NO FURTHER ACTION REQUIRED 
BY THE MAYOR AND CITY COUNCIL OF BALTI- 
MORE. 

Approved December 26, 1973. 

WILLIAM DONALD SCHAEFER, Mayor. 



60 ORDINANCES Ord. No. 508 

No. 508 
(Council No. 856) 

An Ordinance granting permission to Allright Baltimore, 
Inc. for the establishment, maintenance and operation of 
an open area for the parking of motor vehicles on the 
property on the north side of East Lexington Street, west 
of St. Paul Place, generally known as 18 East Lexington 
Street a»4 the front portion of 10 16 East Lexington 
Street sai4 #a?efit portion being sis ^eetr six inchoG m 
depth, as outlined in red on the REVISED plats accom- 
panying this ordinance, under the provisions of Section 
6.4-ld and 9.0-3d of Article 30 of the Baltimore City Code 
(1966 Edition), title ''Zoning Ordinance" (Ordinance 
1051, approved April 20, 1971) concerning parking lot 
districts. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That permission be and the same is hereby 
granted to Allright Baltimore, Inc. for the establishment, 
maintenance and operation of an open area for the park- 
ing of motor vehicles on the property on the north side of 
East Lexington Street, west of Saint Paul Place, generally 
kno^vn as 18 East Lexington Street afi4 the front portion 
ef 10 16 Ea s t Lexington Street, sai4 front portion being 
siK feetj six inch es m depth , as outlined in red on the RE- 
VISED plats accompanying this ordinance, under the pro- 
visions of Sections 6.4-ld and 9.0-3d of Article 30 of the 
Baltimore City Code (1966 Edition), title ''Zoning Ordi- 
nance" (Ordinance 1051, approved April 20, 1971), concern- 
ing parking lot districts. 

Sec. 2. And he it further ordained, That upon passage 
of this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in 
order to give notice to the departments which are adminis- 
tering the Zoning Ordinance, the President of the City 
Council shall sign the plat and, when the Mayor approves 
the ordinance, he shall sign the plat. The City Treasurer 
shall then transmit a copy of the ordinance and one of the 
plats to the following : The Board of Municipal and Zoning 
Appeals, the Planning Commission, the Commissioner of the 
Department of Housing and Community Development, the 



ORDINANCES 61 

Commissioner of Transit and Traffic, and the Zoning Ad- 
ministrator. 

Sec. 3. And be it further ordained, That the provisions 
of the aforesaid Sections 6.4-ld and 9.0-3d of Article 30 of 
the Baltimore City Code (1966 Edition), title ''Zoning Ordi- 
nance" as enacted by Ordinance 1051, approved April 20, 
1971, shall be fully complied with. 

Sec. 4. And be it further ordained, That this ordinance 
shall tak^ effect thirty days from the date of its passage. 

Approved December 20, 1973. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 509 

(Council No. 946) 

An Ordinance to add new Sections 177 through 177-F to 
Article 19 of the Baltimore City Code (1966 Edition), 
title * 'Police Ordinances," said new sections to be under 
the new subtitle "Special Sanitary Enforcement Officers 
— Summonses CITATIONS" concerning the enforcement 
of certain laws relating to buildings, public health or 
sanitation by Special Sanitary Enforcement Officers, the 
designation by certain city agencies of such officers for 
appointment by the Police Commissioner, providing for 
summonses CITATIONS in connection with the enforce- 
ment of the said laws, specifying violations of law sub- 
ject to payment of a fine upon the issuance of a summons 
CITATION and fixing the amounts of such penalties, 
and generally relating to summonses CITATIONS and 
enforcement of certain laws by Special Sanitary Enforce- 
ment Officers. 



Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That new Sections 177 through 177-F be ^nd 
they are hereby added to Article 19 of the Baltimore City 
Code (1966 Edition), title "Police Ordinances," new sub- 
title "Special Sanitary Enforcement Officers — Summons es 
CITATIONS" to read as follows: 



62 ORDINANCES Ord. No. 509 

^'SPECIAL SANITARY ENFORCEMENT OFFICERS- 
CITATIONS" 

177. Officers, appointment, powers. 

The Commissioner of Health and the Commissioner of 
Housing and Community Development shall from time to 
time certify to the Police Commissioner of Baltimore City 
the names of employees of their respective departments 
for appointment by the Police Commissioner as Special 
Sanitary Enforcement Officers. Upon their appointment, 
the officers have such power to enforce those laws relating 
to buildings, public health or sanitation as may be con- 
ferred by the State and local law upon their respective 
departments and in the execution thereof they have the 
power to issue summonses CITATIONS for the violation of 
laws as provided by State law and the terms of this ordi- 
nance. THE TERMS OF THIS ORDINANCE SHALL 
APPLY TO SINGLE FAMILY DWELLINGS UNLESS 
OTHERWISE SPECIFIED. 

177- A. Issue of summons CITATION ivhere prior legal 
notice is not required. 

(1) Violation of Section lh7 of Article 19 of the Balti- 
more City Code (1966 Edition), as amended from time 
to time, providing that it is unlatvful to discard any type 
of rubbish or refuse of any kind on public or private foot- 
ways, parking or vacant lots or open spaces. 

Penalty 
Violations involving up to 3 cubic feet 

of material $10.00 

$5.00 

Violations involving in excess of 3 cubic feet $50.00 

$40.00 

(2) Violation of Sec. 195 of Article 11 of the Baltimore 
City Code (1966 Edition), as amended from time to time, 
providing that it is unlaivful to deposit any dirt, trash, 
household waste, refuse, debris or any other matter includ- 
ing animal manure on any vacant lot or tract of land. 

Violations involving up to 3 cubic feet 

of material $10.00 

$5.00 



ORDINANCES 63 

Violations involving in excess of 3 cubic feet .... $50.00 

$W,00 

(3) Violation of Sections 16A-16G of Article 11 of the 
Baltimore City Code (1966 Edition), as amended from time 
to time, providing that no person, firm, corporation, or 
agency shall permit or carry on any open burning of 
refuse. 

Violations involving size of object or material 

being burned up to 3 cu. ft $25.00 

$15.00 

Violations involving size of object or material 

being burned over 3 cu. ft $50.00 

$^0.00 

177 -B. Issue of eummonc CITATION ivhen prior legal 
notice is required: 

(1) Violation of Sections 125 and 126 of Article 11 
of the Baltimore City Code (1966 Edition), as amended 
from time to time, providing that it shall be the duty of 
the Commissioner of Health to inspect all streets, lanes, 
alleys, wharves, warehouses, cellars, yards, lumber yards, 
lots and docks of the City, and all other places he may 
deem necessary, and to enforce all laws and ordinances 
having any relation to health, and to remove or cause to 
be removed all nuisances. 

Violations involving any accumulation of rub- 
bish, refuse, garbage, furniture, appliances, 
tires or other ivaste materials on any vacant 
piece of land, any commercial or industrial prop- 
erty, or such accumulation in any vacant 
building on any commercial or industrial 
property. 

Up to 3 cubic feet of such material $10.00 

$5.00 

In excess of 3 ctibic feet $50.00 

$40.00 

Violations involving improper storage of any 
material, objects or articles on lots or on com- 



64 ORDINANCES Ord. No. 509 

mercial or industrial property, which harbor 
rats or insects or which may become a rat or 
inject harborage. 

Up to 3 cubic feet of such material $10*00 

$5.00 

In excess of 3 cubic feet $60.00 

$WM 

Violations involving abandoned or immobile ve- 
hicles on property. 

Far each such vehicle $10.00 

$5.00 

Violations involving permitting the dischaige of 
oil, gasoline or other polluted liquid waste over 
the footway or into any gutter, street, alley 

or stream $25.00 

$15.00 

Violations involving permitting any trash, debris, 
or growth of high grass and weeds around any 
trees planted in the sidewalk area of any 

premises $10.00 

$5.00 

(2) Violation of Section 196 of Article 11 of the Balti- 
more City Code (1966 Edition), as amended from time to 
time, providing that it is unlaivful for any oivner, occupant 
or person in control of any lot or lands to alloiv or main- 
tain any growth of weeds or other rank vegetation to a 
height over one foot and shall cav^e said lot or lands to 
be free from ragiveed, wild mustard, ivild lettuce, wild 
parsley, common thistle, milkweed, poison ivy and other 
noxious vegetation. 

Violations involving area of growth under 2500 

square feet $10.00 

$5.00 

Violations involving area of growth over 2500 

square feet $50.00 

$40.00 

(3) Violations of Sections 509, 90 Jf, and 1003 of the 
Housing Code, as ordained by Ordinance 902, approved 



ORDINANCES 65 

December 22, 1966, as amended from time to time, provid- 
ing that the occupant of every dwelling unit shall provide 
receptacles to contain all garbage, rubbish and ashes as 
may be necessary. In addition, for every building contain- 
ing three (2) or more dwelling units, the owner shall 
provide in a location accessible to all dwelling units, an 
adequate number of receptacles into which garbage, rub- 
bish and ashes from the dwelling unit receptacles may be 
emptied for storage betiveen days of collection. Receptacles 
shall be made of metal, shall be watertight and provided 
with handles and tight covers. All such receptacles shall 
be maintained at all times in good order and repair. 

Violations n"" dving absence of, non-conforming , 
not in goud repair, or uncovered receptacles: 

Up to 2 containers $10.00 

$5.00 

For each container over 2 $10.00 

$5.00 

(U) Violation of Sections 701, 702, 902, and 90 Jf AND 
1002 of the Housing Code as ordained by Ordinance 902, 
approved December 22, 1966, a^ amended from time to time, 
providing that every dwelling and every part thereof shall 
be kept clean and free from any accumulation of dirt, filth, 
rubbish, garbage or similar matter. 

Exterior property areas of all premises shall be kept free 
of any objects, material or condition, including abandoned 
or immobile motor vehicles, ivhich may create a health, 
accident or fire hazard, or which are a public nuisance. All 
sheds, barns, garages, fences and other structures on prem- 
ises shall be maintained free from health, accident or fire 
hazards. High grass and noxious weeds shall be destroyed 
and removed. 

Every occupant of a diuelling or dwelling unit shall 
keep in a clean and sanitary condition that part of a 
dwelling or dwelling unit and the premises thereof which 
he occupies or controls. 

Violations involving failure to maintain yard of 
diuelling free of dog feces, filth, rubbish, gar- 
baae, or similar material. 



66 ORDINANCES Orel. No. 509 

Up to 3 cubic feet of material $10.00 

$5.00 

In excess of 3 cubic feet $25.00 

$15.00 

Violations involving dilapidated and/or defec- 
tive fences, overgrotvn hedges and auxiliary 

buildings, such as garages and sheds $10.00 

$5.00 

Violations involving accumulations of trash, gar- 
bage, debris and refuse within garages or 
buildings. 

Up to 3 cubic feet of material $10.00 

$5.00 

In excess of 3 cubic feet $25.00 

$15.00 

Violations involving improper storage of lumber 

and other material and other bulk items $10.00 

$5.00 

Violations involving abandoned or immobile vehi- 
cles on premises. 

For each such vehicle $10.00 

Violations involving permitting the groivth of 
noxious weeds or grass and weeds over one 

foot tall $10.00 

$5.00 

1 77-C. Procedure for issuing eummone CITA TION author- 
ized by Sec. 1 77-B above. 

No Gummonc CITATION shall be issued pursuxint to the 
provisions of this ordinance unless in conformity tvith the 
folloiving provisions: 

(1) A notice of violation shall have been issued with 
respect to the alleged violation, as provided by law, to the 
person legally responsible for the violations, and the time 
for complying ivith the requirements of the notice, as set 
out therein, shall have expired without the requirements 
of said notice having been complied with. 



ORDINANCES 67 



(2) Where a right of hearing or appeal is provided 
by law from the issuance of the notice described above, 
and the right of hearing or appeal is exercised by the 
person legally responsible for the violation, until the hear- 
ing has been conducted or the appeal has been heard, as 
the case may be, and a ruling has been made, in ivriting, 
in favor of the department of the City of Baltimore issuing 
the notice; and the terms of the ruling have not been com- 
plied with. 

-f^ A'¥¥y mm ef ihe violationc &6i forth m Section 
177 B roGurring wiihin €b mw y ca '^ period follow ing ieou 
anco ^f €h notico is subject ^ ihe issuing of a summons 
CITATIO N- w ithout p^mm^ Ug€bl notice, f EXCEPT THAT 
A NOTICE OF- VIOLATION SMAIrL BE IS SUED PQR 
VIOLATION OP- SECTION ^r^^^^^-B W- WITH RESPECT 
¥Q ACCUMULA TION- OF- RUBBISH, REFUSE, GAR- 
BAGE, E^PQ. ON VACANT PI ECES OF LAND, AND FOR 
VIOLATIO N OF SECTION ^»-S W- WFFH RESPECT 
¥Q OWNER PROVIDED RE C E PTA CLES. 

1 77 -D. Form of S u m mo ns CITA TION. 

As iised herein, the term ''summons'' ''CITATION'' means 
a written or printed notice served upon the person charged 
with the violation. Such summons CITATION shall be in 
form to be approved by the District Court of Maryland for 
Baltimore City. 

177-E. Procedure for issuing summons CITATION, 

(1) Whenever any special sanitary enforcement officer 
shall discover any violations of any ordinance of the City 
herein enumerated, or of State law enforced by such 
officers, the officer may issue a summons CITATION to the 
person legally responsible for the violation, and such sum 
mans CITATION shall be in the form hereinbefore specified. 

Such s Hmm ens CITATION shall be made out ivith suffi- 
cient copies so that one copy thereof shall be issued to the 
person legally responsible for the violation, one copy shall be 
filed with the department primarily responsible for the en- 
forcement of the ordinance alleged to have been violated, 

^ '"yj yj\^ [J y VII \j\JJvv \J \J } wyjyv trv VtW l/JJV\JV fJJ VrVU T^tJ UWUt T^J* 



68 ORDINANCES Ord. No. 509 

and other copies shall be filed as the District Court of 
Maryland for Baltimore City may direct. 

(2) After issuance of the m i^ynione CITATION and 
within such time as shall he fixed by Court rule, the person 
charged with the violation, or his attorney or agent, may 
enter a written plea of guilty and pay the fine as specified in 
the eummone CITATION tvhere permitted by Court ride; 
or such person may plead ''guilty'' or ''not guilty" at the 
time of Court appearance. 

(3) All Gummone CITATION ismted pursuant to the 
terms of this ordinance shall be numbered consecutively, and 
no Gummone CITATION shall be cancelled or voided after 
issuxince except by the Court. ¥h€ Director of- Finanoo shall 
have accounting roeponcibility f&^ M GummoncoG, e ither 

(U) The administrative procedures to be adopted for 
the enforcement of this ordinance shall be worked out by 
the various department heads so as to provide for uni- 
formity and guarantee of adequate training supervision of 
those personnel empowered to issue Gum^monG CITATION. 

(5) Special Sanitary Enforcement Officers are author- 
ized to issue a GummonG CITATION under the authority of 
this ordinance only for violations of those portions of the 
Baltimore City Code sections specifically referred to in this 
ordinance for which a fine is designated. 

•fS^ SummoncoG iGGued under Section 177 B(4) of ihie 
ordi'nancG Ghall ho iGGucd only- to iho owner, occupant, o^ 
perGon in control of a Ginglo family dwelling. 

•(^ (6) A notice of violation under Section 177-B, shall 
provide at least ten FIVE days for compliance with the re- 
quirements of the notice before the issuance of a GwnmonG 
CITATION. 

1 77-F. Severability. 

The provisions of this ordinance are hereby declared 
to be severable. If any icord, phrase , clause, sentence, 
paragraph, section, or part, in or of this subtitle or the 
application hereof to any person, circumstance, or thing, 



ORDINANCES 69 

is declared invalid for any reason whatsoever, the remain- 
ing provisions and the application of such provisions to 
other persons, circumstances, or things, shall not he 
affected thereby hut shall remain in full force and effect, 
the Mayor and City Council herehy declaring that they 
would have ordained the remaining provisions of this ordi- 
nance ivithout the word, phrase, clause, sentence, para- 
graph, section, or part, or the application thereof, so held 
invalid. 

Sec. 2.^And he it further ordained. That this ordinance 
shall take effect from the date of passage but no summons 
CITATION shall be issued prior to sixty days thereafter. 

Approved January 11, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 510 
(Council No. 899) 

An Ordinance to ^mend Sheet No. 48 of the Zoning District 
Maps of Article 30 of the Baltimore City Code (1966 
Edition), title "Zoning," (Ordinance No. 1051, approved 
April 20, 1971) by changing from the M-1-2 Zoning 
District to the B-3-2 Zoning District the property lo- 
cated on the northeast side e# East Madison Street, east 
from Edison Highway, south from the Northern Central 
Railroad Right e^ Way, west e^ the prop e rt y known as 
3700 East Monument Street a^d north from East Menu 
mefit Street EAST OF EDISON HIGHWAY AND ON 
THE NORTHEAST SIDE OF EAST MADISON 
STREET, as outlined in red on the AMENDED plats 
accompanying this ordinance. 

Section 1. Be it ordained hy the Mayor and City Council 
of Baltimore, That Sheet No. 48 of the Zoning District Maps 
of Article 30 of the Baltimore City Code (1966 Edition), 
title "Zoning," (Ordinance No. 1051, approved April 20, 
1971) be and it is hereby amended by changing from the 



70 ORDINANCES Ord. No. 511 

M-1-2 Zoning District to the B-3-2 Zoning District the 
property located on the northeast si4e el East Madison 
Street, east from Ediso ?^ Highway, south from the Northern 
Central Railroad Right 9± Waj^ west el the property known 
as 3700 East Monumei ^ Street afi4 »ei4h from East M9fi«- 
ft^efit Street EAST SIDE OF EDISON HIGHWAY AND 
ON THE NORTHEAST SIDE OF EAST MADISON 
STREET, as outlined in red on the AMENDED plats ac- 
companying this ordinance. 

Sec. 2. And he it further ordained, That upon passage 
of this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order 
to give notice to the departments which are administering 
the Zoning Ordinance, the President of the City Council 
shall sign the plat and, when the Mayor approves the ordi- 
nance, he shall sign the plat. The City Treasurer shall then 
transmit a copy of the ordinance and one of the plats to 
the following: the Board of Municipal and Zoning Appeals, 
the Planning Commission, the Commissioner of the Depart- 
ment of Housing and Community Development and the 
Zoning Administrator. 

Sec. 3. And he it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved January 22, 1974. 

WILLIAM DONALD SCHAEFER, Mayor, 



No. 511 
(Council No. 1114) 

An Ordinance to repeal AND REORDAIN WITH AMEND- 
MENTS Section 218(4) of Article 31 of the Baltimore 
City Code (1966 Edition), title 'Transit and Traffic," 
subtitle ''Parking Meters," and ordain ifi iien thereof 
TO ADD a new Section 247 (27a), same article and title, 
subtitle "Parking and Stopping," concerning parking on 
Oliver Street between Charles and Morton Streets. 



ORDINANCES 71 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Section 218(4) of Article 31 of the 
Baltimore City Code (1966 Edition), title "Transit and 
Traffic/' subtitle 'Tarking Meters," be and it is hereby- 
repealed AND REORDAINED WITH AMENDMENTS, 
and that new Section 247 (27a), BE AND IT IS HEREBY 
ADDED TO THE same article and title, subtitle "Parking 
and Stopping," be afid it is horcby ordained m iie« thereof 
ALL to read as follows : 

218. 

-E(4) Oliver Street, both sides NORTHERLY SIDE, from 
Charles Street to Morton Street.} 

247. 

(27a) Oliver Street, southerly side, from Charles Street 
to Morton Street, parking reserved for disabled persons 
with permit. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved January 22, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 512 
(Council No. 1115) 

An Ordinance to repeal Section 216(20) of Article 31 of 
the Baltimore City Code, title 'Transit and Traffic," sub- 
title ^'Parking Meters," and to ordain in lieu thereof new 
Sections 216(20), 216(201/2), and 216(203/4) ; and to add 
new Section 245 (108a) to the same article and title, 
subtitle "Parking and Stopping," all concerning park- 
ing on Mt. Royal Avenue between Maryland and Guilford 
Avenues. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Section 216(20) of Article 31 of the 



72 ORDINANCES Ord. No. 513 

Baltimore City Code, title "Transit and Traffic," subtitle 
"Parking Meters/* be ^nd it is hereby repealed and new 
Sections 216(20), 216(201/2), and 216(203^) same article 
and title, be and they are hereby ordained in lieu thereof, to 
read as follows : 

216. 

[(20) Mt. Royal Avenue, both sides, from Maryland 
Avenue to Guilford Avenue.] 

(20) Mt. Royal Avenue, southerly side, from Maryland 
Avenue to Guilford Avenue, 

(20y2) Mt, Royal Avenue, northerly side, from Maryland 
Avenue to Morton Street, 

(20%) Mt. Royal Avenue, northerly side, from Charles 
Street to Guilford Avenue, 

Sec. 2. And he it further ordained, That new Section 
245 (108a) be and it is hereby added to Article 31 of the 
Baltimore City Code, title "Transit and Traffic," subtitle 
"Parking and Stopping," to read as follows : 

245. 

(108a) Mt. Royal Avenue, northerly side, from Morton 
Street to Charles Street, parking reserved for disabled 
persons with permit. 

Sec. 3. And he it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved January 22, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 513 
(Council No. 796) 

An Ordinance to repeal and re-ordain, with amendments. 
Section 34 (a) of Article 1 of the Baltimore City Code 



ORDINANCES 73 

(1966 Edition), as ordained by Ordinance No. 261, 
approved February 5, 1973, title ''Mayor, City Council, 
Municipal Agencies'*, subtitle "Commission on the Aging 
and Retirement Education", to eliminate the director of 
the Waxter Center for Senior Citizens as a member of the 
commission and reduce the number of members of the 
commission from twenty-five (25) to twenty-four (24). 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Section 34 (a) of Article 1 of the Balti- 
more City .Code (1966 Edition), title ''Mayor, City Council, 
Municipal Agencies", subtitle "Commission on the Aging" 
is hereby repealed and re-ordained, with amendments, to 
read as follows : 

34. Commission. 

(a) Created; members. There is hereby created a Com- 
mission to be known as the Baltimore Commission on Aging 
and Retirement Education to be constituted in replacement 
of the Baltimore Coordinating Commission on Problems of 
the Aging which is abolished upon the effective date of this 
subtitle. The Commission shall consist of [twenty-five 
(25)] tiventy-four (2U) members, eighteen (18) of whom 
shall be appointed by the Mayor in accordance with Article 
IV, Section 6 of the Baltimore City Charter and [seven (7)3 
six (6) of whom shall be ex-oflficio members as hereinafter 
provided. Of the eighteen (18) members to be appointed 
by the Mayor, at least four (4) shall be over 65 years of age 
and retired, two (2) shall be selected to represent the pre- 
retirement aspects of the Commission's work, one (1) shall 
be a member of the City Council; one (1) a member from 
Baltimore City of the Medical and Chirurgical Faculty of 
Maryland, one (1) a member of the Baltimore City Medical 
Society, one (1) a member of organized labor; one (1) shall 
represent industry; two (2) shall be associated with volun- 
tary organizations which provide services to the elderly; 
and five (5) members shall be selected because of their 
general interest in providing services to the elderly. Of the 
said seventeen (17) members thus appointed, other than 
the member of the City Council, six (6) shall be appointed 
for terms of two (2) years, six (6) shall be appointed for 
terms of four (4) years and five (5) shall be appointed for 



74 ORDINANCES Ord. No. 514 

terms of six (6) years. As such initial terms expire, the 
successor members shall be appointed for terms of six (6) 
years. The appointee who is a member of the City Council 
shall be appointed for a term expiring upon the expiration 
of his current term in the City Council, and his successors 
shall be appointed for terms expiring upon the expiration of 
their then current terms as members of the City Council. 
The Mayor shall designate one (1) of the members thus 
appointed to be the Chairman of the Commission. Upon a 
vacancy in the membership of the Commission, the member 
appointed by the Mayor to fill such vacancy shall meet the 
same qualifications for appointment as the member being 
succeeded and shall serve for the remainder of the unex- 
pired term. The remaining [seven (7)] six (6) members of 
the Commission, ex-officio, shall be the Commissioner of 
Health, the Director of the Department of Social Services, 
the Director of the Department of Planning, the Police 
Commissioner, the Commissioner of the Department of 
Housing and Community Development, and the Director of 
the Department of Recreation and Parks [and the Director 
of the Waxter Center for Senior Citizens] or their desig- 
nated representatives. 

Sec. 2. And he it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved January 25, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 514 
(Council No. 827) 

An Ordinance of the Mayor and City Council of Baltimore 
authorizing and approving for the use as a Public Off 
Street Parking Site the acquisition by purchase or by 
condemnation the fee simple interest or such other in- 
terests as the Director of the Department of Public 
Works may deem necessary or sufficient in and to all 
of those pieces or parcels of land, with improvements 
thereon, situate in Baltimore City bounded by Market 



ORDINANCES 75 

Place, Water Street, Gay Street, and Baltimore Street; 
the location and course of said Public Off Street Parking 
Site being shown on a plat thereof numbered 317-A-23 
prepared by the Surveys and Records Division and filed 
in the Office of the Director of the Department of Public 
Works on the seventh (7th) day of May, 1973. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That it is necessary to acquire by purchase 
or by condemnation for the use as a Public Off Street Park- 
ing Site,, the fee simple interest or such other interests as 
the Director of the Department of Public Works may deem 
necessary or sufficient in and to all of those pieces or parcels 
of land, with improvements thereon, situate in Baltimore 
City, State of Maryland, and described as follows : 

Beginning for the same at the point formed by the 
intersection of the south side of Baltimore Street, 66 leet 
wide, and the west side of Market Place, 150 feet wide, 
and running thence binding on the west side of said Market 
Place, Southerly 364 feet, more or less, to intersect the 
north side of Water Street, 49.5 feet wide ; thence binding 
on the north side of said Water Street, Westerly 447^ ^^eet? 
232 FEET, MORE OR LESS, TO INTERSECT THE EAST 
SIDE OF FREDERICK STREET, 49.5 FEET WIDE; 
THENCE BINDING ON THE EAST SIDE OF SAID 
FREDERICK STREET, NORTHERLY 76 FEET, MORE 
OR LESS, TO INTERSECT THE LINE OF THE CENTER 
LINE OF A 3.5 FOOT ALLEY IF PROJECTED EAST- 
ERLY; THENCE BINDING IN PART REVERSELY ON 
SAID LINE SO PROJECTED, IN PART ON THE CEN- 
TER LINE OF SAID 3.5 FOOT ALLEY, IN PART ON 
THE LINE OF THE CENTER LINE OF SAID 3.5 FOOT 
ALLEY IF PROJECTED WESTERLY, IN PART ON 
THE CENTER LINE OF ANOTHER 3.5 FOOT ALLEY 
AND IN ALL, WESTERLY 215 FEET, more or less, to 
intersect the east side of Gay Street ; thence binding on the 
east side of s,aid Gay Street, Northerly %%% 288 feet, more or 
less, to intersect the aforesaid south side of Baltimore Street 
and thence binding on the south side of said Baltimore 
Street, Easterly 444 feet, more or less, to the place of be- 
ginning. 



76 ORDINANCES Ord. No. 514 

The location and course of said Public Off Street Parking 
Site being shown on a plat thereof numbered 317-A-23, 
prepared by the Surveys and Records Division and filed in 
the Office of the Director of the Department of Public 
Works on the seventh (7th) day of May, 1973. 

Sec. 2. And be it further ordained, That the Department 
of Real Estate of Baltimore City, or such other person or 
agency as the Board of Estimates may hereafter from 
time to time designate, is hereby authorized to negotiate 
and acquire on behalf of the Mayor and City Council of 
Baltimore, and for the purposes described in this ordi- 
nance, the fee simple interest or such other interest'^ as 
nxay be deemed necessary or sufficient in and to said pieces 
or parcels of land, with the improvements thereon. If the 
said Department of Real Estate or the person or agency 
otherwise provided for by the Board of Estimates under 
the authority of Section 5(a) Article V of the Baltimore 
City Charter (1964), is or are unable to agree with the 
owner or owners on the purchase price for said parcels of 
land and the improvements thereon, it or they shall forth- 
with notify the City Solicitor of Baltimore City, who shall 
thereupon institute in the name of the Mayor and City 
Council of Baltimore the necessary legal proceedings to ac- 
quire by condemnation the fee simple interests in and to 
said parcels of land herein described. 

Sec. 3. And he it further ordained, That the proceedings 
for the acquisition by condemnation of the property and 
rights herein described and the rights of all parties 
interested or affected thereby shall be regulated by and 
be in accordance with the provisions of Article 33A of the 
Code of Public General Laws of the State of Maryland, and 
any and all amendments thereto. 

SEC. 4. AND BE IT FURTHER ORDAINED, THAT 
THE DEPARTMENT OF REAL ESTATE FIRST AC- 
QUIRE THOSE PROPERTIES WHICH ARE SUBSTAN- 
TIALLY VACANT AND UNOCCUPIED AND, IN AD- 
DITION, OF THOSE PROPERTIES WHICH ARE OC- 
CUPIED, THE SAID DEPARTMENT SHALL ACQUIRE 
ONLY THOSE WHICH THE OWNER IS READY AND 
WILLING TO SELL AT AN AGREED PRICE TO THE 
CITY. 



ORDINANCES 77 

Sec. 4t 5. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved January 25, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 515 
(Council No. 1055) 

An Ordinance providing for .a supplementary general fund 
appropriation in the amount of One Million Dollars 
($1,000,000) to the Community College of Baltimore to 
be used for constructing a Harbor Campus, in accordance 
with the provisions of Article VI, Section 2(h)(3) of 
the Baltimore City Charter (1964 Revision). 

Whereas, the money appropriated herein represents cer- 
tain surplus general funds produced by the reversion of 
Education Revolving Design and Site Loan funds no longer 
required for the purpose of original appropriation, and such 
surplus was carried over from the preceding fiscal year to 
become a part of the general revenue of the City and avail- 
able for the general expenditures of the City in the current 
fiscal year, as provided in Article VI, Section 2(i) of the 
1964 re\'ised Charter of Baltimore City ; and 

Whereas, the additional sum here appropriated is for ^ 
new program which could not reasonably be anticipated at 
the time of the formulation of the 1973-1974 Ordinance of 
Estimates, in accordance with Article VI, Section 2(h)(3) 
of said Charter ; and 

Whereas, the supplementary general fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 
10th day of October, 1973, all in accordance with Article 
VI, Section 2(h) (3) of said Charter. 



78 ORDINANCES Ord. No. 516 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2, of the 1964 revision of the Charter of Baltimore 
City, the sum of One Million Dollars ($1,000,000) shall be 
made available to the Community College of the City of 
Baltimore as a supplementary general fund appropriation 
for the fiscal year ending June 30, 1974 for the purpose 
of constructing .a Harbor Campus. The amount thus made 
available as a supplementary general fund appropriation 
shall be expanded from surplus general funds of the Mayor 
and City Council of Baltimore carried over from the pre- 
ceding budget year; and said funds from the said surplus 
shall be the source of revenue for this supplementary 
general fund appropriation, as required by Article VI, Sec- 
tion 2(h)(3), of the 1964 revised Charter of Baltimore 
City. 

Sec. 2. And he it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved January 25, 1974. 

WILLIAM DONALD SCHAEFER, Mayor, 



No. 516 
(Council No. 1056) 

An Ordinance providing for a supplementary special fund 
appropriation in the amount of Eight Hundred Eleven 
Thousand Nine Hundred Seventeen Dollars ($811,917) to 
the Community College of Baltimore to be used for con- 
structing a Harbor Campus, in accordance with the pro- 
visions of Ai-ticle VI, Section 2(h)(2) of the Baltimore 
City Charter (1964 Revision). 

Whereas, the money appropriated herein represents 
grants from public and private sources which could not be 
expected with reasonable certainty at the time of the for- 
mulation of the 1973-1974 Ordinance of Estimates; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the Citv Council 



ORDINANCES 79 

by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 
10th day of October, 1973, all in accordance with Article 
VI, Section 2(h)(2) of the 1964 revised Charter of Balti- 
more City. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2, of the 1964 revision of the Charter of Baltimore 
City, the sum of Eight Hundred Eleven Thousand Nine 
Hundred Seventeen Dollars ($811,917) shall be made avail- 
able to the Community College of the City of Baltimore ^as 
a supplementary special fund appropriation for the fiscal 
year ending June 30, 1974 for the purpose of constructing 
a Harbor Campus. The amount thus made available as a 
supplementary special fund appropriation shall be expended 
from grants of funds to the Mayor and City Council of 
Baltimore by the Federal Government in the amount of 
Eighteen Thousand Four Hundred Seventy-nine Dollars 
($18,479) ; by the State of Maryland in the amount of Seven 
Hundred Ninety-two Thousand Dollars ($792,000), and by 
the Educational Facilities Laboratories, Inc. in the amount 
of One Thousand Four Hundred Thirty-eight Dollars 
($1,438), said sums being specifically allotted to the Mayor 
and City Council of Baltimore for the aforesaid purpose; 
and said funds from said Federal Government, State of 
Maryland, and Educational Facilities Laboratories, Inc. 
shall be the sources of revenue for this supplementary spe- 
cial fund appropriation, as required by Article VI, Section 
2(h)(2) of the 1964 revised Charter of Baltimore City. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved January 25, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 517 

(Council No. 1060) 



An Ordinance to condemn and open, an alley, varying in 
width, laid out in the rear of the property known as No. 



80 ORDINANCES Ord. No. 517 

420 W E. Twenty-Seventh Street and extending from the 
west side of a 5 foot alley, laid out in the rear of the 
properties known as No.'s 2700 through and including 
2706 Greenmount Avenue, Westerly 60.53 feet to the end 
thereof in .accordance with a plat thereof numbered 318- 
A-25, prepared by the Surveys and Records Division and 
filed in the Office of the Department of Assessments, on 
the Tenth (10th) day of September, 1973, and now en 
file in said office. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltiynore., That the Department of Assessments be, and 
they are hereby authorized and directed to condemn, open, 
an alley, varying in width, laid out in the rear of the prop- 
erty known as No. 420 E. Twenty-Seventh Street and ex- 
tending from the west side of a 5 foot alley, laid out in the 
rear of the properties known as No/s 2700 through and 
including 2706 Greenmount Avenue, Westerly 60.53 feet to 
the end thereof, the alley hereby directed to be condemned 
for said opening being described as follows : 

Beginning for the same at the point formed by the inter- 
section of the south side of an alley, varying in width, laid 
out in the rear of the property knovrn as No. 420 E. Twenty- 
Seventh Street and the west side of a 5 foot alley, laid out 
in the rear of the properties known as No.'s 2700 through 
and including 2706 Greenmount Avenue, said point of be- 
ginning being distant 55.92 feet northerly, measured along 
the west side of said 5 foot alley from the north side of 
Twentj'-Seventh Street; 66 feet wide, and running thence 
binding on the south side of said alley, varying in width, 
Westerly 60.85 feet to the westernmost extremity of said 
alley, varying in width ; thence binding on the westernmost 
extremity of said alley, varying in width, Northerly 6 feet, 
more or less, to the north side of said alley, varying in width ; 
thence binding on the north side of said alley, varying in 
width, Easterly 60.21 feet to the west side of said 5 foot 
alley and thence binding on the west side of said 5 foot 
alley. Southerly 4 feet, more or less, to the place of begin- 
ning. 

The said alley as directed to be condemned being de- 
lineated and particularly shovv'n on a plat numbered 318- 
A-25 which was filed in the Office of the Department of 



ORDINANCES 81 

Assessments on the Tenth (10th) day of September in the 
year 1973, and is now on file in the said Office. 

Sec. 2. And be it further ordained, That the proceedings 
of said Department of Assessments, with reference to the 
condemnation and opening of said alley and the proceedings 
and rights of all parties interested or affected thereby, shall 
be regulated by, and be in accordance with, any and all 
applicable provisions of Ailicle 4 of the Code of Public 
Local Laws of Maryland and the Charter of Baltimore City 
(1964 Rsvision) and any and all amendments thereto, and 
any and all other Acts of the General Assembly of Mary- 
land, and any and all ordinances of the Mayor and City 
Council of Baltimore, and any and all rules or regulations 
in effect which have been adopted by the Director of Assess- 
ments and filed with the Department of Legislative Refer- 
ence. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved January 25, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 518 
(Council No. 1061) 

An Ordinance to condemn and close an alley, varying in 
width, laid out in the rear of the property known as No. 
420 E. Twenty-Seventh Street and extending from the 
we5it side of a 5 foot alley, laid out in the rear of the 
properties known as No.'s 2700 through and including 
270G Greenmount Avenue, Westerly 60.53 feet to the end 
thereof in accordance with a plat thereof numbered 318- 
A-2^A, prepared by the Surveys and Records Division 
and Tiled in the Office of the Department of Assessments, 
on the Eleventh (11th) day of September, 1973, and now 
on file in said office. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Department of Assessments be, and 



82 ORDINANCES Ord. No. 518 

they are hereby authorized and directed to condemn and 
close an alley, varying in width, l^aid out in the rear of the 
property known as No. 420 E. Twenty-Seventh Street and 
extending from the west side of a 5 foot alley, laid out in 
the rear of the properties known as No.'s 2700 through and 
including 2706 Greenmount Avenue, Westerly 60.53 feet to 
the end thereof, the alley hereby directed to be condemned 
for said closing being described as follows : 

Beginning for the same at the point formed by the inter- 
section of the south side of an alley, varying in width, laid 
out in the rear of the property known as No. 420 E. Twenty- 
Seventh Street and the west side of a 5 foot alley, laid 
out in the rear of the properties known as No.'s 2700 
through and including 2706 Greenmount Avenue, said point 
of beginning being distant 55.92 feet northerly, measured 
along the west side of said 5 foot alley from the north side 
of Twenty-Seventh Street, 66 feet wide, and running thence 
binding on the south side of s.aid alley, varying in width, 
Westerly 60.85 feet to the westernmost extremity of said 
alley, varying in width; thence binding on the westernmost 
extremity of said alley, varying in width, Northerly 6 feet, 
more or less, to the north side of said alley, varying in 
width ; thence binding on the north side of said alley, vary- 
ing in width, Easterly 60.21 feet to the west side of said 5 
foot alley and thence binding on the west side of S;aid 5 
foot alley, Southerly 4 feet, more or less, to the place of 
beginning. 

The said alley as directed to be condemned being de- 
lineated and particularly shown on a plat numbered 318- 
A-25A which was filed in the Office of the Department of 
Assessments on the Eleventh (11th) day of September in 
the year 1973, and is now on file in the said Office. 

Sec. 2. And be it further ordained, That after said high- 
way or highways shall have been closed under the provisions 
of this ordinance, all subsurface structures and appurte- 
nances now owned by the Mayor and City Council of Balti- 
more, shall be and continue to be the propory PROPERTY 
of the Mayor and City Council of Baltimore, in fee simple, 
until the use thereof shall be abandoned by the Mayor and 
City Council of Baltimore, and in the event that any person, 



ORDINANCES 88 

firm or corporation shall desire to remove, ;alter or interfere 
therewith, such person, firm or corporation shall first ob- 
tain permission and permits therefor from the Mayor and 
City Council of Baltimore, and shall in the application for 
such permission and permits agree to pay all costs and 
charges of every kind and nature made necessary by such 
removal, alteration or interference. 

Sec. 3. A7id be it further ordained, That no buildings or 
structures of any kind shall be constructed or erected in 
said portion of said highway or highways after the same 
shall have been closed under the provisions of this ordinance 
until the subsurface structures and appurtenances now 
owned by the Mayor and City Council of Baltimore, over 
which said buildings or structures are proposed to be con- 
structed or erected shall have been abandoned or shall have 
been removed and relaid in accordance with the specifica- 
tions and under the direction of the Director of Public 
Works of Baltimore City, and at the expense of the person or 
persons or body corporate desiring to erect such buildings 
or structures. Railroad tracks shall be taken to be "struc- 
tures" within the meaning of this section. 

Sec. 4. And be it further ordained, That after said high- 
way or highv/ays shall have been closed under the provisions 
of this ordinance, all subsurface structures and appurte- 
nances owned by any person, firm or corporation, other than 
the Mayor and City Council of Baltimore, shall upon notice 
from the Director of Public Works of Baltimore City, be 
properly removed by and at the expense of the said owners. 

Sec. 5. And be it further ordained, That on and after 
the closing of said highway or highways, the said Mayor 
and City Council of Baltimore, acting through its duly au- 
thorized representatives, shall, at all times, have access to 
said property and to all subsurface structures and appur- 
tenances used by it therein, for the purposes of inspection, 
maintenance, repair, alteration, relocation and/or replace- 
ment, of any or all of said structures and appurtenances, 
and this without permission from or compensation to the 
owner or owners of said land. 

Sec. 6. And be it further ordained, That the proceedings 
of said Department of Assessments, with reference to the 



84 ORDINANCES Ord. No. 519 

condemnation ^nd closing of said alley and the proceedings 
and rights of all parties interested or affected thereby, 
shall be regulated by, and be in accordance with, any and 
all applicable provisions of Article 4 of the Code of Public 
Local L,aws of Maryland and the Charter of Baltimore 
City (1964 Revision) and any and all amendments thereto, 
and any and all other Acts of the General Assembly of Mary- 
land, and any and .all ordinances of the Mayor and City 
Council of Baltimore, and any and all rules or regulations 
in effect which have been adopted by the Director of 
Assessments and filed with the Department of Legislative 
Reference. 

Sec. 7. And be it further ordained, Th^at this ordinance 
shall take effect from the date of its passage. 

Approved January 25, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 519 
(Council No. 1062) 

An Ordinance consenting to .and approving a petition dated 
August 10, 1973 for the extension of the Metropolitan Dis- 
trict of Baltimore County to a tract of land in the 4th 
Election District, in the vicinity of Bond Avenue and 
Timber Grove Road and in accordance with the provi- 
sions of Chapter 539 of the Acts of the General Assembly 
of Maryland 1924 as .amended by Chapter 515 of the Acts 
of 1955. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the petition, dated August 10, 1973 for 
the extension of the Baltimore County Metropolitan Dis- 
trict in the 4th Election District of Baltimore County in the 
vicinity of Bond Avenue and Timber Grove Road more 
particularly shown on .a plat filed in the Department of 
Public Works of Baltimore County numbered 73-0560 and 
dated August 9, 1973, is in accordance with the authority 



ORDINANCES 85 

granted by Chapter 539 of the Acts of the General Assembly 
of Maryland 1924, and amended by Chapter 515 of the Acts 
of 1955 hereby consented to ^nd approved. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved January 25, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 520 
(Council No. 1070) 

An Ordinance granting permission to Threshold, Inc. for 
the establishment and maintenance of a Community 
Correction Center on the property known generally as 
1702 St. Paul Street under the provisions of Section 
5.1-ld of Article 30 of the Baltimore City Code (1966 
Edition), title ''Zoning Code of Baltimore City," as or- 
dained by Ordinance 1051, approved April 20, 1971 and 
.amended by Ordinance 1202, approved November 29, 
1971, by Ordinance 51, approved May 10, 1971, and by 
Ordinance 260, approved February 5, 1973, and under 
the provisions of Section 11.0-6d of said article and 
title, subtitle ''Conditional Uses by Authority of City 
Council," as ordained by Ordinance 1051, approved 
April 20, 1971. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That permission is hereby granted to 
Threshold, Inc. for the establishment and maintenance of 
a Community Correction Center on the property known 
generally as 1702 St. Paul Street, under the provisions of 
Section 5.1-ld of Article 30 of the Baltimore City Code 
(1966 Edition), title "Zoning Code of Baltimore City,'* as 
ordained by Ordinance 1051, approved April 20, 1971, and 
as amended by Ordinance 1202, approved November 29, 
1971, by Ordinance 51, approved May 10, 1971, and by 
Ordinance 260, approved February 5, 1973, and under the 
provisions of Section 11.0-6d of said article and title, sub- 



86 ORDINANCES Ord. No. 521 

title "Conditional Uses by Authority of City Council," as 
ordained by Ordinance 1051, approved April 20, 1971. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved January 25, 1974. 

WILLIAM DONALD SCHAEFER, Mayor, 



No. 521 

(Council No. 1073) 

An Ordinance to authorize the use of the properties known 
as 3301-3303 H,ayward Avenue, as outlined in red on the 
pl^ts accompanying this ordinance, for an open-air off- 
street parking facility in the R-7 District, pursuant to 
Sections 4.6-ld and 11.0-6d of Article 30 of the Balti- 
more City Code (1966 Edition), title ''The Zoning 
Ordinance of Baltimore City" (Ordinance No. 1051) 
approved April 20, 1971. , AND PROVIDING FOR THE 
AUTOMATIC REPEAL OF THIS ORDINANCE UN- 
DER CERTAIN CONDITIONS. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the properties known as 3301-3303 
Hayward Avenue, as outlined in red on the plats accompany- 
ing this ordinance be and they are hereby authorized for 
use as an open air off-street parking facility in the R-7 
District, pursuant to Sections 4.7-ld and 11.0-6d of Article 
30 of the Baltimore City Code (1966 Edition), title "The 
Zoning Ordinance of Baltimore City," (Ordinance No. 
1051) approved April 20, 1971. 

SEC. 2. AND BE IT FURTHER ORDAINED, THAT 
THE ENTRANCES AND EXITS ON SAID AREA SHALL 
BE AT SUCH LOCATION OR LOCATIONS AS SHALL 
BE APPROVED BY THE COMMISSIONER OF TRAN- 
SIT AND TRAFFIC. THE ILLUMINATION OF SAID 
PARKING AREA, IF ANY, SHALL BE BY LIGHTS 
DIMMED OR FOCUSED SO AS TO PREVENT THEM 



ORDINANCES 87 

FROM BEING AN ANNOYANCE TO NEARBY RESI- 
DENTS. THE LOCATION AND TYPE OF SUCH 
LIGHTS, IF ANY, SHALL BE SUBJECT TO THE AP- 
PROVAL OF THE COMMISSIONER OF THE DEPART- 
MENT OF HOUSING AND COMMUNITY DEVELOP- 
MENT. THE BOUNDARIES OF SAID PARKING AREA 
SHALL BE PLANTED WITH SHRUBBERY NOT LESS 
THAN THREE FEET IN HEIGHT ABOVE GROUND 
LEVEL WHICH SHALL SERVE BOTH AS AN ORNA- 
MENTAL SCREEN ON ALL SIDES OF THE PROPERTY 
AND AS A BARRIER TO PREVENT PARKED VE- 
HICLES FROM OBSTRUCTING SIDEWALKS AND 
OTHER RIGHTS OF WAY. SAID PARKING AREA 
SHALL BE EQUIPPED WITH A GATE, CHAIN OR 
OTHER DEVICE TO PROHIBIT ENTRY WHEN NOT 
IN USE. DURING PERIOD OF USE, SUFFICIENT 
ATTENDANTS SHALL BE STATIONED TO ASSURE 
ORDERLY PARKING. THE PERMISSION HEREIN 
GRANTED SHALL APPLY ONLY DURING THE 
RACING SEASON AT THE PIMLICO RACE TRACK 
SO LONG AS SAID PIMLICO RACE TRACK IS OP- 
ERATED AS A RACE TRACK SUBJECT TO THE 
JURISDICTION OF THE MARYLAND RACING COM- 
MISSION. 

Sec. 2 3. And be it further ordained, That upon passage 
of this ordinance by the City Council, as evidence of the 
authenticity of the plat which is ^ part hereof and in order 
to give notice to the departments which are administering 
the Zoning Ordinance, the President of the City Council 
shall sign the plat and, when the Mayor approves the 
ordinance, he shall sign the plat. The City Treasurer shall 
then transmit a copy of the ordinance and one of the 
plats to the following: the Board of Municipal and Zoning 
Appeals, the Planning Commission, the Commissioner of 
the Department of Housing and Community Development, 
the Commissioner of Transit and Traffic, and the Zoning 
Administrator. 

Sec. S 4. And be it further ordained, That this ordinance 
shall take effect 30 days from the date of its passager , AND 
AT SUCH TIME AS PIMLICO RACE TRACK CEASES 
TO OPERATE AS A RACE TRACK SUBJECT TO THE 



88 ORDINANCES Ord. No. 522 

JURISDICTION OF THE MARYLAND RACING COM- 
MISSION, THIS ORDINANCE SHALL AUTOMATIC- 
ALLY BE REPEALED AND OF NO FURTHER EFFECT, 
WITH NO FURTHER ACTION REQUIRED BY THE 
MAYOR AND CITY COUNCIL OF BALTIMORE. 

Approved January 25, 1974. 

WILLIAM DONALD SCHAEFER, Mayor, 



No. 522 

(Council No. 1074) 

An Ordinance to authorize the use of the properties known 
as 3201-3203-3205 Washington Avenue, as outlined in red 
on the plats accompanying this ordinance, for an open 
air off-street parking facility in the B-2-2 District pur- 
suant to Sections 6.2-ld and 11.0-6d of Article 30 of the 
Baltimore City Code (1966 Edition), title "The Zoning 
Ordinance of Baltimore City*' (Ordinance No. 1051) 
approved April 20, 1971v , AND PROVIDING FOR THE 
AUTOMATIC REPEAL OF THIS ORDINANCE 
UNDER CERTAIN CONDITIONS. 

Section 1. Be it ordained by the Mayor and City Council, 
of Baltimore, That the properties known as 3201-3203- 
3205 Washington Avenue, as outlined in red on the plats 
accompanying this ordinance, be and they are hereby 
authorized for use as an open air off-street parking facility 
in the B-2-2 District, pursuant to Sections 6.2-ld and 11.0- 
6d of Article 30 of the Baltimore City Code (1966 Edition), 
title "The Zoning Ordinance of Baltimore City", (Ordi- 
nance No. 1051) approved April 20, 1971. 

SEC. 2. AND BE IT FURTHER ORDAINED, THAT 
THE ENTRANCES AND EXITS ON SAID AREA SHALL 
BE AT SUCH LOCATION OR LOCATIONS AS SHALL 
BE APPROVED BY THE COMMISSIONER OF TRAN- 
SIT AND TRAFFIC. THE ILLUMINATION OF SAID 
PARKING AREA, IF ANY, SHALL BE BY LIGHTS 
DIMMED OR FOCUSED SO AS TO PREVENT THEM 



ORDINANCES 89 

FROM BEING AN ANNOYANCE TO NEARBY RESI- 
DENTS. THE LOCATION AND TYPE OF SUCH 
LIGHTS, IF ANY, SHALL BE SUBJECT TO THE 
APPROVAL OF THE COMMISSIONER OF THE DE- 
PARTMENT OF HOUSING AND COMMUNITY DE- 
VELOPMENT, THE BOUNDARIES OF SAID PARKING 
AREA SHALL BE PLANTED WITH SHRUBBERY NOT 
LESS THAN THREE FEET IN HEIGHT ABOVE 
GROUND LEVEL WHICH SHALL SERVE BOTH AS AN 
ORNAMENTAL SCREEN ON ALL SIDES OF THE 
PROPERTY AND AS A BARRIER TO PREVENT 
PARKED VEHICLES FROM OBSTRUCTING SIDE- 
WALKS AND OTHER RIGHTS OF WAY. SAID PARK- 
ING AREA SHALL BE EQUIPPED WITH A GATE, 
CHAIN OR OTHER DEVICE TO PROHIBIT ENTRY 
WHEN NOT IN USE. DURING PERIOD OF USE, SUFFI- 
CIENT ATTENDANTS SHALL BE STATIONED TO AS- 
SURE ORDERLY PARKING. THE PERMISSION HERE- 
IN GRANTED SHALL APPLY ONLY DURING THE 
RACING SEASON AT THE PIMLICO RACE TRACK SO 
LONG AS SAID PIMLICO RACE TRACK IS OPERATED 
AS A RACE TRACK SUBJECT TO THE JURISDICTION 
OF THE MARYLAND RACING COMMISSION. 

Sec. 3 3. And be it further ordained, That upon passage 
of this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order 
to give notice to the departments which are administering 
the Zoning Ordinance, the President of the City Council 
shall sign the plat and, when the Mayor approves this ordi- 
nance, he shall sign the plat. The City Treasurer shall 
then transmit a copy of the ordinance and one of the plats 
to the following: the Board of Municipal and Zoning 
Appeals, the Planning Commission, the Commissioner of 
the Department of Housing and Community Development, 
the Commissioner of Transit and Traffic, and the Zoning 
Administrator. 

Sec. S 4. And be it further ordained, That this ordinance 
shall take effect 30 days from the date of its passager , AND 
AT SUCH TIME AS PIMLICO RACE TRACK CEASES 
TO OPERATE AS A RACE TRACK SUBJECT TO THE 
JURISDICTION OF THE MARYLAND RACING COM- 
MISSION, THIS ORDINANCE SHALL AUTOMATI- 



90 ORDINANCES Ord. No. 523 

CALLY BE REPEALED AND OF NO FURTHER EF- 
FECT, WITH NO FURTHER ACTION REQUIRED BY 
THE MAYOR AND CITY COUNCIL OF BALTIMORE. 

Approved January 25, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 523 

(Council No. 1107) 

An Ordinance providing for a supplementary special fund 
;appropriation in the amount of Sixteen Thousand Dol- 
lars ($16,000) to the Baltimore City Commission for 
Historical and Architectural Preservation to be used for 
conducting a survey and inventory of places of historical, 
architectural, and cultural significance within the City of 
Baltimore in accordance with the provisions of Article 
VI, Section 2(h)(2) of the Baltimore City Charter 
(1964 Revision). 

Whereas, the money appropriated herein represents 
grants from a public source which could not be expected 
with reasonable certainty at the time of the formulation of 
the 1973-1974 Ordinance of Estimates ; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Bo^rd of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 
21st day of November, 1973, all in accordance with Article 
VI, Section 2(h)(2) of the 1964 revised Charter of 
Baltimore City. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2(h)(2) of the 1964 revision of the Charter of 
Baltimore City, the sum of Sixteen Thousand Dollars 
($16,000) shall be made available to the Commission for 
Historical and Architectural Preservation of the City of 
B^altimore as a supplementary special fund appropriation 



ORDINANCES 91 

for the fiscal year ending June 30, 1974 for the purpose of 
conducting a survey and inventory of places of historical, 
architectural, and cultural significance within the City of 
Baltimore. The amount thus made available as ^ supple- 
mentary special fund appropriation shall be expended from 
grants of funds to the Mayor and City Council of Baltimore 
by the State of Maryland, said sum being specifically al- 
lotted to the Mayor and City Council of Baltimore for the 
aforesaid purpose ; and said funds from said State of Mary- 
land shall be the source of revenue for this supplementary 
special fund appropriation, ^s required by Article VI, Sec- 
tion 2(h)(2) of the 1964 revised Charter of Baltimore 
City. 

Sec. 2. And he it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved January 25, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 524 
(Council No. 1050) 

An Ordinance to amend Sheet No. 23 of the Zoning District 
:\Iaps of Article 30 of the Baltimore City Code (1966 
Edition), title ''Zoning," (Ordinance No. 1051, approved 
April 20, 1971) by changing from the R-6 Zoning District 
to the B-2-2 Zoning District the property known as 3138 
Oakford Avenue as outlined in red on the plats accom- 
panying this ordinance. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Sheet No. 23 of the Zoning District 
Maps of Article 30 of the Baltimore City Code (1966 Edi- 
tion), title "Zoning," (Ordinance No. 1051, approved April 
20, 1971) be and it is hereby amended by changing from 
the R-6 Zoning District to the B-2-2 Zoning District the 
property known as 3138 Oakford Avenue, as outlined in red 
on the plats accompanying this ordinance. 



92 ORDINANCES Ord. No. 525 

Sec. 2. And be it further ordained, That upon passage 
of this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order 
to give notice to the departments which are administering 
the Zoning Ordinance, the President of the City Council 
shall sign the plat and, when the Mayor approves the 
ordinance, he shall sign the plat. The City Treasurer shall 
then transmit a copy of the ordinance and one of the plats 
to the following: the Board of Municipal and Zoning Ap- 
peals, the Planning Commission, the Commissioner of the 
Department of Housing and Community Development and 
the Zoning Administrator. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect 30 days from the date of its passage. 

Approved February 2, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 525 
(Council No. 1064) 

An Ordinance to authorize the use of the property generally 
known as 3501 St. Paul Street, as outlined in red on the 
plats accompanying this ordinance for an off-street park- 
ing garage in the R-10 District pursuant to Sections 
4.10-ld and 11.0-6d of Article 30 of the Baltimore City 
Code (1966 Edition), title "The Zoning Ordinance of 
Baltimore City" (Ordinance No. 1051) approved April 
20, 1971. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the property generally known as 3501 
St. Paul Street, as outlined in red on the plats accompany- 
ing this ordinance, be and it is hereby authorized for use 
as an open air off-street parking facility in the R-10 Dis- 
trict pursuant to Sections 4.10-ld and 11.0-6d of Article 30 
of the Baltimore City Code (1966 Edition), title 'The Zon- 
ing Ordinance of Baltimore City" (Ordinance No. 1051 ap- 
proved April 20, 1971. 



ORDINANCES 98 

Sec. 2. And be it further ordained, That upon passage of 
this ordinance by the City Council, as evidence of the au- 
thenticity of the plat which is a part hereof, and in order to 
give notice to the departments which are administering 
the Zoning Ordinance, the said plats shall be signed by the 
President of the City Council, and upon approval of this 
ordinance by the Mayor, said plats shall be signed by the 
Mayor of the City of Baltimore and the City Treasurer 
shall transmit a copy of this ordinance and one of the pUts 
to the Board of Municipal and Zoning Appeals, a copy of this 
ordinance and one of the plats to the Planning Commission, 
and a copy of this ordinance and one of the plats to the 
Commissioner, Department of Housing and Community De- 
velopment. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 2, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 526 

(Council No. 1072) 

An Ordinance to amend Sheet No. 12 of the Zoning Dis- 
trict Maps of Article 30 of the Baltimore City Code 
(1966 Edition), title "Zoning," (Ordinance No. 1051, 
approved April 20, 1971) by changing from the R-5 
Zoning District to the R-7 Zoning District the prop- 
erties known as 3301-3303 H^yward Avenue, as outlined 
in red on the plats accompanying this ordinancer , AND 
PROVIDING FOR THE AUTOMATIC REPEAL OF 
THIS ORDINANCE UNDER CERTAIN CONDITIONS. 

Section 1. Beit ordained by the Mayor and City Council 
of Baltimore, That Sheet No. 12 of the Zoning District 
Maps of Article 30 of the Baltimore City Code (1966 Edi- 
tion), title "Zoning," (Ordinance No. 1051, approved April 
20, 1971) be and it is hereby amended by changing from 



94 ORDINANCES Ord. No. 527 

the R-5 Zoning District to the R-7 Zoning District the 
properties known as 3301-3303 H^y^vard Avenue, as out- 
lined in red on the plats accompanying this ordinance. 

Sec. 2. And be it further ordained, That upon passage 
of this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a p^rt hereof and in order 
to give notice to the departments which are administering 
the Zoning Ordinance, the President of the City Council 
shall sign the plat and, when the Mayor approves the ordi- 
nance, he shall sign the plat. The City Treasurer shall then 
transmit ,a copy of the ordinance and one of the plats to 
the following : the Board of Municipal and Zoning Appeals, 
the Planning Commission, the Commissioner of the De- 
partment of Housing and Community Development. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect 30 days from the date of its passager , AND 
AT SUCH TIME AS PIMLICO RACE TRACK CEASES 
TO OPERATE AS A RACE TRACK SUBJECT TO THE 
JURISDICTION OF THE MARYLAND RACING COM- 
MISSION, THIS ORDINANCE SHALL AUTOMATI- 
CALLY BE REPEALED AND OF NO FURTHER 
EFFECT, WITH NO FURTHER ACTION REQUIRED 
BY THE MAYOR AND CITY COUNCIL OF BALTI- 
MORE. 

Approved February 2, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



: 



No. 527 
(Council No. 1111) 

An Ordinance to repeal and re-enact \\ath amendments. 
Section 72 of Article 19 of the Baltimore City Code (1966 
Edition), title "Police Ordinances", subtitle "Interfer- 
ence \\dth Traffic", clarifjdng and changing certain pro- 
visions thereof and providing greater penalties for viola- 
tions thereof. 



ORDINANCES 95 

Section 1. Be it ordained by the Mayor and City Coun- 
cil of Baltimore, That Section 72, Article 19 of the Baltimore 
City Code (1966 Edition), Title 'Tolice Ordinances", sub- 
title ''Interference with Traffic" be and the same is hereby 
repealed and re-enacted with amendments to read as follows: 

72. INTERFERENCE WITH TRAFFIC 

It shall be unlawful for any person to make [other than 
minor] any repairs to a motor vehicle or to replace or 
repair any tire [on] or other part of a motor vehicle on any 
public street where the standing of such vehicle or vehicles 
[will interfere with the free flow of traffic in both direc- 
tions] ivill tvholly or partially obstruct any lane of traffic. 

It shall be unlawful [to permit] for any vehicle in the 
process of being repaired or waiting to be repaired or any 
vehicle on which a tire or other part thereof is being re- 
placed or waiting for a tire or other part thereof to be 
replaced to sta.nd double [where any motor vehicle is being 
repaired or a tire is being replaced] or to do any work or 
place any tools or equipment on any sidewalk in connection 
with the repair of any vehicle or the replacement or repair 
of any tire or other part thereof. 

The provisions of this Section shall not apply to [cases 
of] emergency [where it is necessary to replace or repair a 
tire or repair a motor vehicle before it can be moved with 
safety and without damage to same] repairs which are 
defined as repairs necessary ds the result of an unexpected 
malfunction or breakdoivn and tvhich are necessary in order 
to move the vehicle safely and without damage to same. 

Any person violating any of the provisions of this Sec- 
tion shall be subject to a penalty of not less than five dol- 
lars ($5.00) or more than twenty-five dollars ($25.00) [for 
each and every offense] for the first offense and a fine of 
not less than twenty -five dollars ($25.00) nor more than 
one hundred dollars ($100.00) for subsequent offences. 

SEC. 2. AND BE IT FURTHER ORDAINED, THAT 
THIS ORDINANCE SHALL TAKE EFFECT 30 DAYS 
FROM THE DATE OF ITS PASSAGE. 

Approved February 2, 1974. 

WILLIAM DONALD SCHAEFER, Mayor, 



96 ORDINANCES Ord. No. 528 

No. 528 
(Council No. 1112) 

An Ordinance to repeal and re-enact with amendments, 
Section 132 of Article 19 of the Baltimore City Code, 
(1966 Edition), title "Police Ordinances", subtitle "Ob- 
structions", clarifying certain parts thereof and provid- 
ing for greater penalties and for an increased penalty 
for repeated offenses. 

Section 1. Be it ordained by the Mayor and City Coun- 
cil of Baltimore, That Section 132, Article 19 of the Balti- 
more City Code, (1966 Edition), title "Police Ordinances", 
subtitle "Obstructions" be and the same is hereby repealed 
and re-enacted with amendments to read as follows: 

132. Obstructions 

No person or persons shall in any manner obstruct any 
of the streets, lanes or alleys of the city, or the gutters 
thereof, except in the immediate act of moving or removing 
some article in the way of their trade or business, or for the 
use of their families[;]. Provided, that such articles as are 
to be inspected or gauged under ordinances or statutes 
may be placed on the footways ; such articles, however, to be 
ai^ranged so as not to obstruct the passage through the 
streets or over the footways from the stone pavement to any 
house, store, cellar or backyard, or from any house, store, 
cellar or backyard to the stone pavement, \vithout the con- 
sent of the owner or occupier[;2. Every person so offend- 
ing [shall forfeit and pay the sum of one dollar.] shall be 
subject to a penalty in the amount of ttventy-five dollars 
($25,00) for the first offense and one hundred dollars 
($100.00) for each repeated offense. 

SEC. 2. AND BE IT FURTHER ORDAINED, THAT 
THIS ORDINANCE SHALL TAKE EFFECT 30 DAYS 
FROM THE DATE OF ITS PASSAGE. 

Approved February 2, 1974. 

WILLIAM DONALD SCHAEFER, Maijor, 



ORDINANCES 97 

No. 529 
(Council No. 1105) 

An Ordinance to approve the application of Corta Camps 
& Co. ROLAND PARK LIMITED PARTNERSHIP to 
have the property located south of Coldspring Lane, east 
of Roland Avenue, west of Kittery Lane and north of 
Somerset Road, as outlined in red on the plats accompany- 
ing this ordinance, designated a Residential Planned 
Development in accordance with Sections 12.0-1 and 
12.0-2 of Article 30 of the Baltimore City Code (1966 
Edition), ^s amended by Ordinance 1051, approved April 
20, 1971 ; and to approve the development plan submitted 
by Corta Camps & Co. ROLAND PARK LIMITED 
PARTNERSHIP. 

Whereas, on November 15, 1973, Corta Camps ^ Q^ 
ROLAND PARK LIMITED PARTNERSHIP, of Balti- 
more City, met with the Director of Planning, the 
designated officer of the Planning Commission of Baltimore 
City, to hold a Pre-Petition Conference to explain the scope 
and nature of existing and proposed development on the 
property in order to institute proceedings to have said prop- 
erty designated a Residential Planned Development; and 

Whereas, together herewith Corta Camps & Q^ RO- 
LAND PARK LIMITED PARTNERSHIP made formal 
application to the City Council of Baltimore City and 
has submitted requisite development plan to include 
these requirements specified in Sections 12.0-1 and 12.0-2 
of Article 30 of the Code (1966 Edition), as amended by 
Ordinance No. 1051, approved April 20, 1971; now, there- 
fore 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the application of Corta Camps & Cor 
ROLAND PARK LIMITED PARTNERSHIP to desig- 
nate the property located south of Coldspring Lane, 
east of Roland Avenue, west of Kittery L^ne and north of 
Somerset Road, as outlined in red on the plats accompany- 
ing this ordinance, a Residential Planned Development pur- 
suant to Article 30, Sections 12.0-1 and 12.0-2 of the Balti- 



98 ORDINANCES Ord. No. 530 

more City Code (1966 Edition), as ^mended by Ordinance 
1051, approved April 20, 1971, be and it is hereby approved. 

Sec. 2. And be it further ordained, That the Develop- 
ment Plan submitted by Corta - Cam ^ & Gor ROLAND 
PARK LIMITED PARTNERSHIP, attached hereto and 
m,ade a part hereof, be and it is hereby approved. 

Sec. 3. And be it further ordained, Th^at upon passage 
of this ordinance by the City Council, as evidence of the 
authenticity of each set of plans which is a part hereof, 
and approved hereby, and in order to give notice to the 
departments which are administering the Zoning Ordi- 
nance, said set of plans shall be signed by the President of 
the City Council, ^nd, upon approval of the ordinance by 
the Mayor, said sets of plans shall be signed by the Mayor 
of the City of Baltimore, and the City Treasurer shall 
transmit a copy of the ordinance and one set of plans to the 
Board of Municipal and Zoning Appeals, ^ copy of the ordi- 
nance and one set of plans to the Planning Commission, 
and a copy of the ordinance and one set of plans to the Zon- 
ing Administrator of Baltimore City. 

Sec. 4. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 8, 1974. 

WILLIAM DONALD SCHAEFER, Mayor, 



No. 530 
(Council No. 1129) 

An Ordinance to condemn and open, certain streets and 
alleys or portions thereof lying within the area of the 
Oldtown Project in accordance with a plat thereof num- 
bered 314-A-2, prepared by the Surveys and Records 
Division and filed in the Office of the Department of 
Assessments, on the Twenty-first (21st) day of No- 
vember, 1973, and now on file in said office. 



ORDINANCES 99 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Department of Assessments be, and 
they are hereby authorized and directed to condemn, open, 
certain streets and alleys or portions thereof lying within 
the area of the Oldtown Project, the streets and alleys 
or portions thereof hereby directed to be condemned for 
said opening being described as follows : 

Sheets 1 and 2 of 2 include (1) Gay Street, 49.5 feet 
wide, ;and extending from re-aligned Orleans Street to 
Aisquith Street, (2) all those streets and alleys or portions 
thereof adjacent to Gay Street to be included in the Gay 
Street Mall and (3) Flatiron Alley, 10 feet wide, and 
extending from Monument Street, Southerly 50.00 feet 
said streets and alleys or portions thereof are numbered 
from one to eight on said Sheets 1 and 2 and described 
3S follows : 

1 — Gay Street, 49.5 feet wide, and extending from 
Aisquith Street, Southwesterly 658 feet, more or less, to 
the line of the northeast side of Mott Street if projected 
southeasterly and designated as Parcel No. 1 Part 1. 

2 — Gay Street, 49.5 feet wide, and extending from the 
line of the northeast side of Mott Street if projected 
southeasterly. Southwesterly 776 feet, more or less, to the 
northeast side of Orleans Street, varying in width, as 
laid out on a subdivision plat of the Oldtown Project and 
designated as Parcel No. 1 Part 2. 

3 — Flatiron Alley, 10 feet wide, distant 95.50 feet west- 
erly, measured along the south side of Monument Street 
from the west side of Aisquith Street and extending from 
Monument Street, South 02°-55'-25" East 50.00 feet and 
designated as Parcel No. 2. 

4 — An alley, 10 feet wide, beginning at a point on the 
northwest side of G^y Street distant 79.77 feet southwest- 
erly, measured along the northwest side of Gay Street 
from Aisquith Street and extending. Northwesterly 60 feet, 
more or less, to Flatiron Alley and designated as Parcel 
No. 3. 

5 — A portion of Forrest Street contiguous to the north- 
east side thereof and extending from Gay Street, South- 
easterly 117 feet, more or less, to the line of the north- 



100 ORDINANCES Ord. No. 530 

west side of McElderry Street if projected southwesterly 
and designated as Parcel No. 4. 

6 — A portion of Forrest Street contiguous to the south- 
west side thereof and extending from G^y Street, South- 
easterly 75 feet, more or less, to the line of the northwest 
side of a 3 foot alley, laid out in the rear of the properties 
knowTi as No. 469 through and including 459 Gay Street, 
if projected northeasterly and designated as Parcel No. 5. 

7 — East Street, 50 feet wide, and extending from Gay 
Street, 49.5 feet wide. Southeasterly 61 feet, more or less, 
to A line drawn parallel with and distant 60.00 feet south- 
easterly, measured at right angles from the southeast side 
of said Gay Street and designated as Parcel No. 6. 

8 — East Street, 60 feet wide, and extending from Gay 
Street, 49.5 feet wide. Northwesterly 40 feet, more or less, 
to a line drawTi parallel with ^nd distant 40.00 feet north- 
westerly, measured at right angles from the northwest side 
of said Gay Street and designated as Parcel No. 7. 

9 — A portion of Colvin Street contiguous to the north- 
east side thereof and extending from Gay Street, South- 
easterly 24 feet, more or less, to the north side of Orleans 
Street, 89 feet wide, as laid out on a subdivision plat of 
the Oldtown Project and designated as Parcel No. 8. 

The said streets and alleys or portions thereof as directed 
to be condemned being more particularly described and 
referred to among the Land Records of Baltimore City and 
delineated and particularly shown on a plat numbered 314- 
A-2 \vhich was filed in the Office of the Department of 
Assessments on the Twenty-fii^st day of November in the 
year 1973, and is now on file in the said Office. 

Sec. 2. And he it further ordained, That the proceedings 
of said Department of Assessments, with reference to the 
condemnation and opening of said streets and alleys or 
portions thereof and the proceedings and rights of all 
parties interested or affected thereby, shall be regulated 
by, and be in accordance with, any and all applicable pro- 
visions of Article 4 of the Code of Public Local Laws of 
Maryland and the Charter of B.altimore City (1964 Revi- 
sion) and any and all amendments thereto, and any and all 



ORDINANCES 101 

other Acts of the General Assembly of Maryland, and any 
and all ordinances of the Mayor and City Council of Balti- 
more, and any and all rules or regulations in effect which 
have been adopted by the Director of Assessments and filed 
with the Department of Legislative Reference. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 8, 1974. 

ViLLIAM DONALD SCHAEFER, Mayor. 



No. 531 

(Council No. 1130) 

An Ordinance to condemn and close certain streets and 
alleys or poi-tions thereof lying within the area of the 
Oldtown Project in accordance ^\ath a plat thereof num- 
bered 314-A-2A, prepared by the Surveys and Records 
Division and filed in the Office of the Department of 
Assessments, on the Twenb,'-second (22nd) day of No- 
vember, 1973, and now on file in said office. 

Section 1. Be it ordmned by the Mayor and City Council 
of Baltimore, That the Department of Assessments be, and 
they are hereby authorized and directed to condemn and 
close certain streets and alleys or portions thereof lying 
within the area of the Oldtown Project the streets and 
alleys or portions thereof hereby directed to be condemned 
for said closing being desci-ibed as follovv^s: 

Sheets 1 and 2 of 2 include (1) Gay Street, 49,5 feet 
wide, and extending from re-aligned Orleans Street to Ais- 
quith Street, (2) all those streets and alleys or portions 
thereof adjacent to Gay Street to be included in the Gay 
Street Mall and (3) Fiatiron Alley, 10 feet wide, and 
extending from Monument Street, Southerly 50.00 feet, said 
streets and alleys or portions thereof are numbered from 
one to eight on said Sheets 1 and 2 and described as follows : 



102 ORDINANCES Ord. No. 531 

1 — Gay street, 49.5 feet wide, and extending from Ais- 
quith Street, Southwesterly 658 feet, more or less, to the 
line of the northeast side of Mott Street if projected south- 
easterly and designated as Parcel No. 1 Part 1. 

2 — Gay Street, 49.5 feet wide, and extending from the 
line of the northeast side of Mott Street if projected south- 
easterly. Southwesterly 776 feet, more or less, to the north- 
east side of Orleans Street, varying in width, as laid out on 
a subdivision plat of the Oldtown Project and designated 
as Parcel No. 1 Part 2. 

3 — Flatiron Alley, 10 feet wide, distant 95.50 feet west- 
erly, measured along the south side of Monument Street 
from the west side of Aisquith Street and extending from 
Monument Street, South 02°-55'-25" East 50.00 feet and 
designated as Parcel No. 2. 

4 — An alley, 10 feet wide, beginning at a point on the 
northwest side of Gay Street distant 79.77 feet south- 
westerly, measured along the northwest side of Gay Street 
from Aisquith Street and extending. Northwesterly 60 feet, 
more or less, to Flatiron Alley and designated as Parcel 
No. 3. 

5 — A portion of Forrest Street contiguous to the north- 
east side thereof and extending from Gay Street, South- 
easterly 117 feet, more or less, to the line of the northwest 
side of McElderry Street if projected southwesterly and 
designated as Parcel No. 4. 

6 — A portion of Forrest Street contiguous to the south- 
west side thereof and extending from Gay Street, South- 
easterly 75 feet, more or less, to the line of the northwest 
Slide of a 3 foot alley, laid out in the rear of the properties 
known as No. 469 through and including 459 Gay Street, 
if pix)jected northeasterly and designated as Parcel No. 5. 

7 — East Street, 50 feet wide, and extending from Gay 
Street, 49.5 feet wide, Southeasterly 61 feet, more or less, 
to a line drawn parallel with and distant 60.00 feet south- 
easterly, measured at right angles from the southeast side 
of said Gay Street and designated as Parcel No. 6. 

8 — East Street, 60 feet wide, and extending from Gay 
Street, 49.5 feet wide. Northwesterly 40 feet, more or less, 



ORDINANCES 103 

to a line dra\vn parallel with and distant 40.00 feet north- 
westerly, measured at right angles from the northwest side 
of said Gay Street and designated as Parcel No. 7. 

9 — A portion of Colvin Street contiguous to the north- 
east side thereof and extending from Gay Street, South- 
easterly 24 feet, more or less, to the north side of Orleans 
Street, 89 feet wide, as laid out on a subdivision plat of the 
01dto^v^l Project and designated as Parcel No. 8. 

The said streets and alleys or portions thereof as directed 
to be condemned being more particularly described and re- 
ferred to among the Land Records of Baltimore City and 
delineated and particularly shown on a plat numbered 314- 
A-2A which was filed in the Office of the Department of 
Assessments on the Twenty-second day of November in the 
year 1973, and is now on file in the said Office. 

Sec. 2. And he it further- ordained, That after said high- 
way or highways shall have been closed under the provi- 
sions of this ordinance, all subsurface structures and ap- 
purtenances nov/ ov\Tied by the Mayor and City Council of 
Baltimore, shall be and continue to be the property of the 
Mayor and City Council of Baltimore, in fee simple, until 
the use thereof shall be abandoned by the Mayor and City 
Council of Baltimore, and in the event that any person, 
firm or corporation shall desire to remove, alter or interfere 
therewith, such person, firm or corporation shall first obtain 
permission and permits therefor from the Mayor and City 
Council of Baltimore, and shall in the application for such 
permission and permits agree to pay all costs and charges 
of every kind and nature made necessary by such removal 
alteration or interference. 

Sec. 3. And be it further ordained, That no buildings or 
structures of any kind shall be constructed or erected in 
said portion of said highway or highways after the same 
shall have been closed under the provisions of this ordinance 
until the subsurface structures and appurtenances now 
owned by the Mayor and City Council of Baltimore, over 
which said buildings or structures are proposed to be con- 
structed or erected shall have been abandoned or shall 
have been removed and relaid in accordance with the specifi- 



104 ORDINANCES Ord. No. 531 

cations and under the direction of the Director of Public 
Works of Baltimore City, and at the expense of the person 
or persons or body corporate desiring to erect such build- 
ings or structures. Railroad tracks shall be taken to be 
"structures" within the meaning of this section. 

Sec. 4. And be it further ordained, That after said high- 
way or highways shall have been closed under the pro- 
visions of this ordinance, all subsurface structures and ap- 
purtenances owned by any person, finn or corporation, 
other than the Mayor and City Council of Baltimore, shall 
upon notice from the Director of Public Works of Balti- 
more City, be promptly removed by and at the expense of 
the said owners. 

Sec, 5. And be it further ordained, That on and after 
the closing of said highway or highways, the said Mayor 
and City Council of Baltimore, acting through its duly 
authorized representatives, shall, at all times, have access 
to said property and to all subsurface structures and appur- 
tenances used by it therein, for the purposes of inspection, 
maintenance, repair, alteration, relocation and/or replace- 
ment, of any or all of said structures and appurtenances, 
and this without permission from or compensation to the 
owner or owners of said land. 

Sec. 6. And be it further ordained. That the proceedings 
of said Department of Assessments, with reference to the 
condemnation and closing of said streets and alleys or por- 
tions thereof and the proceedings and rights of all parties 
interested or affected thereby, shall be regulated by, and 
be in accordance with, any and all applicable provisions of 
Article 4 of the Code of Public Local Laws of Maryland and 
the Charter of Baltimore City (1964 Revision) and any and 
all amendments thereto, and any and all others Acts of the 
General Assembly of Maryland, and any and all ordinances 
of the Mayor and City Council of Baltimore, and any and 
all rules or regulations in effect which have been adopted 
by the Director of Assessments and filed with the Depart- 
ment of Legislative Reference. 

Sec. 7. And be it further ordained. That this ordinance 
shall take effect from the date of its passage. 

Approved February 8, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 105 

No. 532 
(Council No. 1051) 

An Ordinance to comply with the requirements of Para- 
graph 1400a of Article 32 of the Baltimore City Code 
(1966 Edition), said article being known generally as the 
Building Code of Baltimore City, in order to give the 
assent of the Mayor and City Council of Baltimore to the 
construction, erection, or conversion of, or addition to 
any building or other structure to be used for a theatre 
on the premises known as 814 South Broadway. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That pursuant to the requirements of Para- 
graph 1400a of Article 32 of the Baltimore City Code (1966 
Edition), said article being known generally as The Build- 
ing Code of Baltimore City, the assent of the Mayor and 
City Council of Baltimore is given to the construction, erec- 
tion, or conversion of, or addition to any building or 
structure to be used for a theatre on the premises known 
as 814 South Broadway. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved February 21, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 533 
(Council No. 1116) 

An Ordinance to condemn and open, Conway Street, 64 feet 
v/ide, and extending from Charles Street, 49.5 feet wide, 
North 86°-21'-20" East 311.69 feet to Light Street, 
varying in width, in accordance with a plat thereof 
numbered 305-A-4, prepared by the Surveys and Records 
Division and filed in the Office of the Department of 
Assessments, on the Fourteenth (14th) day of November, 
1973, and now on file in said office. 



106 ORDINANCES Ord. No. 533 

Section 1. Beit ordained by the Mayor and City Council 
of Baltimore^ That the Department of Assessments be, and 
they are hereby authorized and directed to condemn, open, 
Conway Street, 64 feet wide, and extending from Charles 
Street, 49.5 feet wide, North 86°-21'-20" East 311.69 
feet to Light Street, varying in width, the street hereby 
directed to be condemned for said opening being described 
as follows : 

Beginning for the same at the point formed by the inter- 
section of the east side of Charles Street, 49.5 feet wide, 
and the north side of Conway Street, 64 feet wide, and 
running thence binding on the north side of said Conway 
Street, North 86°-21'-20" East 311.14 feet to intersect the 
west side of Light Street, varying in width; thence bind- 
ing on the west side of said Light Street, South 04°-37'-30'' 
East 64.01 feet to intersect the south side of said Conway 
Street; thence binding on the south side of s,aid Conway 
Street, South 86°-21'-20'' West 312.24 feet to intersect the 
aforesaid east side of Charles Street and thence binding on 
the east side of said Charles Street, North 03°-38'-40" 
West 64.00 feet to the place of beginning. 

The said Conway Street as directed to be condemned 
being more particularly described and referred to among 
the Land Records of Baltimore City ^nd delineated and 
particularly shown on a plat numbered 305-A-4 which was 
filed in the Office of the Department of Assessments on the 
Fourteenth day of November in the year 1973, and is now 
on file in the said Office. 

Sec. 2. And he it further ordained, That the proceedings 
of said Department of Assessments, with reference to the 
condemnation and opening of s^id Conway Street and the 
proceedings and rights of all parties interested or affected 
thereby, shall be regulated by, and be in accordance with, 
any and all applicable provisions of Article 4 of the Code of 
Public Local Laws of M^aryland and the Charter of Balti- 
more City (1964 Revision) and any and all amendments 
thereto, and any and all other Acts of the General Assembly 
of Maryland, and any and all ordinances of the Mayor and 
City Council of Baltimore, and any and all rules or regula- 
tions in effect which have been adopted by the Director 



ORDINANCES 107 

of Assessments and filed with the Department of Legislative 
Reference. 

Sec. 3. And he it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 21, 1974. 

WILLIAM DONALD SCHAEFER, Mmjor. 



No. 534 
(Council No. 1117) 

An Ordinance to condemn and close Conway Street, 64 
feet wide, and extending from Charles Street, 52.5 feet 
wide, North 86°-21'-20" East 308.69 feet to Light Street, 
varying in width, in accordance with a plat thereof 
numbered 305-A-4A, prepared by the Surveys and Rec- 
ords Division and filed in the Office of the Department 
of Assessments, on the Fifteenth (15th) day of No- 
vember, 1973, ^nd now on file in said office. 

Section 1. Beit ordained by the Mayor and City Council 
of Baltimore, That the Department of Assessments be, 
and they are hereby authorized and directed to condemn 
and close Conway Street, 64 feet wide, and extending from 
Charles Street, 52.5 feet wide. North 86°-21'-20" East 
308.69 feet to Light Street, varying in width, the street 
hereby directed to be condemned for said closing being 
described as follows : 

Beginning for the same at the point formed by the inter- 
section of the east side of Charles Street, 52.5 feet wide, and 
the north side of Conway Street, 64 feet wide, and running 
thence binding on the north side of said Conway Street, 
North 86°-21'-20'' East 308.14 feet to intersect the west 
side of Light Street, varying in width; thence binding on 
the west side of said Light Street, South 04°-37'-30'' East 
64.01 feet to intersect the south side of said Conway Street ; 
thence binding on the south side of said Conway Street, 
South 86°-21'-20" West 309.23 feet to intersect the afore- 



108 ORDINANCES Ord. No. 534 

said east side of Charles Street and thence binding on the 
east side of said Charles Street, North 03°-38'-40" West 
64.00 feet to the place of beginning. 

The said Conway Street as directed to be condemned 
being more particularly described and referred to among 
the Land Records of Baltimore City and delineated and 
particularly shown on a plat numbered 305-A-4A which was 
filed in the Office of the Department of Assessments on the 
Fifteenth (15th) day of November in the year 1973, and 
is now on file in the said Office. 

Sec. 2. And be it further ordained, That after said high- 
way or highways shall have been closed under the provi- 
sions of this ordinance, all subsurface structures and 
appurtenances now owned by the Mayor and City Council 
of Baltimore, shall be and continue to be the property of 
the Mayor and City Council of Baltimore, in fee simple, 
until the use thereof shall be abandoned by the Mayor and 
City Council of Baltimore, and in the event that any person, 
firm or corporation shall desire to remove, alter or interfere 
therewith, such person, firm or corporation shall first obtain 
permission and permits therefor from the Mayor and City 
Council of Baltimore, and shall in the application for such 
peraiission and permits agree to pay all costs and charges 
of every kind and nature made necessary by such removal, 
alteration or interference. 

Sec. 3. And he it further ordained. That no buildings 
or structures of any kind shall be constructed or erected 
in said portion of said highway or highways after the 
same shall have been closed under the provisions of this 
ordinance until the subsurface structures and appurte- 
nances now owned by the Mayor and City Council of Balti- 
more, over which said buildings or structures are proposed 
to be constructed or erected shall have been abandoned 
or shall have been removed and relaid in accordance with 
the specifications and under the direction of the Director 
of Public Works of Baltimore City, and at the expense of 
the person or persons or body corporate desiring to erect 
such buildings or structures. Railroad tracks shall be taken 
to be "structures" within the meaning of this section. 



ORDINANCES 109 

Sec. 4. And he it further ordained, That after said high- 
way or highways shall have been closed under the provi- 
sions of this ordinance, all subsurface structures and ap- 
purtenance owned by any person, firm or corporation, 
other than the Mayor and City Council of Baltimore, shall 
upon notice from the Director of Public Works of Balti- 
more City, be promptly removed by and at the expense of 
the said owners. 

Sec. 5. And be it further ordained, That on and after the 
closing of said highway or highways, the said Mayor and 
City Council of Baltimore, acting through its duly author- 
ized representatives, shall, at all times, have access to said 
property and to all subsurface structures and appur- 
tenances used by it therein, for the purposes of inspection, 
maintenance, repair, alteration, relocation and/or replace- 
ment, of any or all of said structures and appurten^ances, 
and this without permission from or compensation to the 
owner or owners of said land. 

Sec. 6. And he it further ordained, That the proceedings 
of said Department of Assessments, with reference to 
the condemnation and closing of said Conway Street and 
the proceedings and rights of all parties interested or af- 
fected thereby, shall be regulated by, and be in accordance 
with, any and all applicable provisions of Article 4 of the 
Code of Public Local Laws of Maryland and the Charter 
of Baltimore City (1964 Revision) and any and all amend- 
ments thereto, and any and all other Acts of the General 
Assembly of Maryland, and any and all ordinances of the 
Mayor and City Council of Baltimore, and any and all rules 
or regulations in effect which have been adopted by the 
Director of Assessments and filed with the Department of 
Legislative Reference. 

Sec. 7. And be it f^vrther ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 21, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



110 ORDINANCES Ord. No. 536 

No. 535 
(Council No. 1187) 

An Ordinance to repeal and reordain, with amendments, 
Section 256 (71c) of Article 31 of the Baltimore City Code 
(1966 Edition), title "Transit and Traffic," subtitle 
"Parking and Stopping," as ordained by Ordinance 371, 
approved June 14, 1973, and to add a new Section 256 
(71d) to the same article, title and subtitle, concerning 
reserved parking on a portion of the south side of Wilkes 
Lane west of Calvert Street. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Section 256 (71c) of the Baltimore City 
Code (1966 Edition), title "Transit and Traffic," subtitle 
"Parking ^nd Stopping," as ordained by Ordinance 371, 
approved June 14, 1973, be and it is hereby repealed and 
reordained, with amendments, and that a new Section 256 
(71d) be and it is hereby added to the same article, title 
and subtitle, all to read as follows : 

256. 

(71c) Wilkes Lane, southerly side, from a point 35' 
v/est of Calvert Street to a point [175'] 59' west of Calvert 
Street — Parking reserved for [vehicles of Narcotics Strike 
Force.] disabled person, Harry L. Chase. 

(71d) Wilkes Lane, southerly side, from a point 59' ivest 
of Calvert Street to a point 175' west of Calvert Street — 
Parking reserved for vehicles of the Narcotics Strike Force. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 21, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 536 
(Council No. 1094) 

An Ordinance to approve the application of The Union 
Memorial Hospital to have the property within the follow- 



ORDINANCES 111 

ing perimeters, beginning on the north side of 33rd 
Street with the southwest corner of 114 East 33rd Street, 
easterly to Guilford Avenue, northerly on the west side 
of Guilford Avenue to the southwest side of University 
Parkway, northwesterly to the east side of Calvert Street, 
southerly to a point on said east side of Calvert Street 
which is found by extending the southernmost property 
line of the Marylander Apartments and the northernmost 
property line of The Union Memorial Hospital parking 
garage property, east to the east side of Calvert Street, 
then westerly along said extension and property line to 
the east side of St. Paul Street, then southerly to the 
north side of 34th Street, then easterly to a point on 
the said north side of 34th Street, which is found by 
extending the easternmost boundary of the alley behind 
the 3300 block St. Paul Street to the north side of 34th 
Street, then southerly along said extension and the east- 
ernmost boundary of said alley to the rear property 
lines of 110 and 112 East 33rd Street, then easterly along 
said property lines to the line of division between 112 
and 114 East 33rd Street, then southerly along said divi- 
sion line to the place of beginning, as outlined in red on 
the plats accompanying this ordinance, designated a resi- 
dential planned development in accordance with Sections 
12.0-1 and 12.0-2 of Article 30 of the Baltimore City Code 
(1966 Edition), as amended by Ordinance No. 1051, ap- 
proved April 20, 1971; and to approve the development 
plan submitted by The Union Memorial Hospital, sub- 
ject to conditions that review of architectural plans for 
doctors' office building and of plans for future site de- 
tails; e.g., landscaping and identification signs be made 
by the Planning Commission; and that there be a re- 
quirement of a number of reserved parking spaces in 
hospital parking garage as determined by formula. 

Whereas, The Union Memorial Hospital is the owner of 
property within the following perimeters, beginning on the 
north side of 33rd Street with the southwest corner of 114 
East 33rd Street, easterly to Guilford Avenue, northerly on 
the west side of Guilford Avenue to the southwest side of 
University Parkway, northwesterly to the east side of Cal- 
vert Street, southerly to a point on said east side of Calvert 
Street which is found by extending the southernmost prop- 



112 ORDINANCES Ord. No. 536 

erty line of the Marylander Apartments and the northern- 
most property line of The Union Memorial Hospital park- 
ing garage property, east to the east side of Calvert Street, 
then westerly along said extension and property line to the 
east side of St. Paul Street, then southerly to the north 
side of 34th Street, then easterly to a point on the said 
north side of 34th Street, which is found by extending the 
easternmost boundary of the alley behind the 3300 block 
St. Paul Street to the north side of 34th Street, then south- 
erly along said extension and the easternmost boundary 
of said alley to the rear property lines of 110 and 112 East 
33rd Street, then easterly along said property lines to the 
line of division between 112 and 114 East 33rd Street, then 
southerly along said division line to the place of beginning, 
excepting therefrom publicly owned streets and alleyways; 

Whereas, on November 1, 1973, The Union Memorial 
Hospital met with the Planning Commission of Baltimore 
City, holding a Pre-Petition Conference to explain the scope 
and nature of existing and proposed development on the 
property in order to institute proceedings to have said prop- 
erty designated a Residential Planned Development; and 

Whereas, together herewith. The Union Memorial Hos- 
pital made formal application to the City Council of Balti- 
more City and has submitted the requisite development 
plan to include those requirements specified in Sections 
12.0-1 and 12.0-2 of Article 30 of the Code (1966 Edition) 
as amended by Ordinance No. 1051, approved April 21, 
1971 ; now, therefore, 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the application of The Union Memorial 
Hospital, o\\aier of the property within the following per- 
imeters, beginning on the north side of 3ord Street with 
the southwest corner of 114 East 33rd Street, easterly to 
Guilford Avenue, northerly on the west side of Guilford 
Avenue to the southwest side of University Parkway, north- 
westerly to the east side of Calvert Street, southerly to 
a point on said east side of Calvert Street which is found 
by extending the southernmost property line of the Mary- 
lander Apartments and the northernmost property line of 
The Union Memorial Hospital parking garage property, east 



ORDINANCES 113 

to the east side of Calvert Street, then westerly along said 
extension and property line to the east side of St. Paul 
Street, then southerly to the north side of 34th Street, then 
easterly to a point on the said north side of 34th Street, 
which is found by extending the easternmost boundary of 
the alley behind the 3300 block St. Paul Street to the north 
side of 34th Street, then southerly along said extension and 
the easternmost boundary of said alley to the rear property 
lines of 110 and 112 East 33rd Street, then easterly along 
said property lines to the line of division between 112 and 
114 East ^3rd Street, then southerly along said division 
line to the place of beginning, excepting therefrom pub- 
licly owned streets and alleyways, as outlined on the plats 
accompanying the ordinance, to designate said property a" 
Residential Planned Development pursuant to Article 30, 
Section 12.0-2 of the Baltimore City Code (1966 Edition), 
as amended by Ordinance No. 1051, approved April 20, 
1971, be and it is hereby approved. 

Sec. 2. And be it further ordained, That the Develop- 
ment Plan submitted by The Union Memorial Hospital, 
attached hereto and made a pai*t thereof, be and it is hereby 
approved, subject to the following conditions : 

a. That all plans for future site details, e.g., landscape 
and erection of identification signs, in the Residential 
Planned Development be submitted to the Planning Commis- 
sion for review and approval. 

b. That the architectural plans for the proposed medical 
office building (Building G) be submitted to the Planning 
Commission for review and approval. 

c. That the condominium to be formed by members 
of The Union Memorial Hospital medical staff, which will 
be the owner of the proposed medical office building (Build- 
ing G) shall at all times between the completion of con- 
struction of said building and October 1, 1998, have 
monthly parking arrangements at the parking garage 
(Building F) for a number of motor vehicles, to be deter- 
mined by multiplying the number of doctors practicing in 
the proposed medical office building at any point in time by 
^^ 2. THE PROVISIONS OF THIS PARAGRAPH C. 
SHALL BE SUBJECT TO REVIEW BY THE UNION 



114 ORDINANCES Ord. No. 537 

MEMORIAL HOSPITAL, THE DOCTORS PRACTICING 
IN THE CONDOMINIUM, AND THE GREATER HOME- 
WOOD COMMUNITY CORPORATION, IN CONJUNC- 
TION WITH THE PLANNING COMMISSION, AT THE 
EXPIRATION OF ONE YEAR FROM THE COMPLE- 
TION OF THE MEDICAL OFFICE BUILDING (BUILD- 
ING G) AND THE RATIO SHALL BE ADJUSTED, IF 
NECESSARY, UNDER THE PROVISIONS OF SECTION 
12.0-1 OF THE ZONING CODE. 

Sec. 3. And be it further ordained, That upon passage 
of this ordinance by the City Council, as evidence of the 
authenticity of the plans which are a part hereof and in 
order to give notice to the departments which are adminis- 
tering the Zoning Ordinance, the President of the City 
Council shall sign the plans, and when the Mayor approves 
the ordinance, he shall sign the plans. The City Treasurer 
shall then transmit a copy of the ordinance and one set of 
plans to the Board of Municipal and Zoning Appeals, the 
Planning Commission, and the Zoning Administrator. 

Sec. 4. And be it further ordained, That this ordinance 
shall take effect on the date of its passage. 

Approved February 22, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 537 
(Council No. 837) 

An Ordinance granting permission to Allright Baltimore, 
Inc. for the establishment, maintenance and operation of 
an open area for the parking of motor vehicles on the 
property on the south side of West Franklin Street, east 
of Cathedral Street, generally known as 15 West Frank- 
lin Street, as outlined in red on the REVISED plats ac- 
companying this ordinance, under the provisions of Sec- 
tions 6.4-ld and 9.0-3d of Article 30 of the Baltimore City 



ORDINANCES 115 

Code (1966 Edition), title ''Zoning Ordinance*' (Ordi- 
nance 1051, approved April 20, 1971), concerning parking 
lot districts. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That permission be and the same is hereby- 
granted to Allright Baltimore, Inc. for the establishment 
maintenance and operation of an open area for the parking 
of motor vehicles on the property on the south side of West 
Franklin Street east of Cathedral Street, generally known 
as 15 West- Franklin Street, as outlined in red on the RE- 
VISED plats Accompanying this ordinance, under the pro- 
visions of Sections 6.4-ld and 9.0-3d of Article 30 of the 
Baltimore City Code (1966 Edition), title "Zoning Ordi- 
nance'' (Ordinance 1051, approved April 20, 1971), concern- 
ing parking lot districts. 

Sec. 2. And be it further ordained, That upon passage 
of this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in 
order to give notice to the departments which are adminis- 
tering the Zoning Ordinance, the President of the City 
Council shall sign the plat and, when the Mayor approves 
the ordinance, he shall sign the plat. The City Treasurer 
shall then transmit a copy of the ordinance and one of the 
plats to the following : The Board of Municipal and Zoning 
Appeals, the Planning Commission, the Commissioner of 
the Department of Housing and Community Develop- 
ment, the Commissioner of Transit and Traffic, and the 
Zoning Administrator. 

Sec. 3. And be it further ordained, That the provisions 
of the aforesaid Sections 6.4-ld and 9.0-3d of Article 30 
of the Baltimore City Code (1966 Edition), title ''Zoning 
Ordinance" as enacted by Ordinance 1051, approved April 
20, 1971, shall be fully complied with. 

Sec. 4. And be it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved February 25, 1974. 

WILLIAM DONALD SCHAEFER, Mayor, 



116 ORDINANCES Ord. No. 538 

No. 538 
(Council No. 1068) 

An Ordinance approving a Renewal Plan for the Fremont 
Project, bounded generally by the proposed City Boule- 
vard on the east, Hamburg Street on the south, Scott 
STREET on the west, and Lombard Street on the north ; 
authorizing the acquisition by purchase or by condemna- 
tion by the Mayor and City Council of Baltimore, for 
Urban Renewal purposes, of the fee simple interest or any 
lesser interest in and to certain properties or portions 
thereof, together with the improvements thereon, situate 
in Baltimore City, Maryland within Fremont: providing 
that in selling property in Fremont the Department of 
Housing and Community Development shall require that 
developers agree in writing not to discriminate in the sale, 
lease, use, or occupancy of the property developed by them 
against any person because of race, creed, color, or na- 
tional origin; providing that the approval of said Re- 
newal Plan is not an enactment of any of the amend- 
ments to the Zoning Ordin,ance proposed therein ; waiving 
such requirements, if any, as to content or of procedure 
for the preparation, adoption, and approval of Renewal 
Plans as set forth in Ordinance No. 152, approved June 
28, 1968, which the Renewal Plan for Fremont may not 
meet ; providing for the separability of various parts and 
applications of this ordinance ; providing that where the 
provisions of this ordinance shall conflict with any other 
ordinance, code or regulation, the provision which estab- 
lishes the higher standard shall prevail; and providing 
for the effective date hereof. 

Whereas, the Fremont Project lies within a portion of 
the Fremont-Monroe Urban Renewal Area, as designated 
by Ordinance No. 514, approved June 27, 1969 and within 
a portion of the Downtown Urban Renewal Area ;as desig- 
nated by Ordinance No. 1210, approved January 24, 1958 
and amended by Ordinance No. 1586, approved July 9, 
1958; said Fremont Project being more particularly de- 
scribed as follows : 

Beginning for the same at the intersection of the south 
side of West Lombard Street and the west side of the pro- 



ORDINANCES 117 

posed boulevard right-of-way line; thence binding on the 
south side of West Lombard Street westerly to intersect the 
west side of Scott Street ; thence binding on the west side of 
Scott Street southerly to intersect the north side of Lot 50, 
Ward 18, Section 9, Block 254 ; thence binding on the north 
side of said lot line westerly to intersect the division line 
between Lot 45, Ward 18, Section 9, Block 254, and Lots 
50, 51, 52, and 53, Ward 18, Section 9, Block 254 ; thence 
binding on said division line, as extended, southerly to inter- 
sect the south side of Lemmon Street ; thence binding on the 
south side of Lemmon Street westerly 10 feet, more or less, 
to intersect the west side of Kelly Court ; thence binding on 
the west side of Kelly Court and the eastern lot line of Lot 
1^, Ward 18, Section 9, Block 254 southerly to intersect the 
noi-th side of West Pratt Street ; thence binding on the north 
side of West Pratt Street easterly to intersect the east side of 
Scott Street ; thence binding on the east side of Scott Street 
southerly to intersect the south side of McHenry Street; 
thence binding on the south side of McHenry Street easterly 
70 feet, more or less, to intersect the west side of the first 
10-foot alley ; thence binding on the west side of said alley 
SOUTHERLY to intersect the north side of Ryan Street; 
thence binding on the north side of Ryan Street easterly to 
intersect the east side of Otterbein Street ; thence binding on 
the east side of Otterbein Street southerly to intersect the 
south side of the first 10-foot alley; thence binding on the 
south side of said alley easterly to intersect the west side of 
the first 10-foot alley ; thence binding on the west side of said 
alley southerly to intersect the north side of Ramsey Street ; 
thence crossing Ramsay Street on the extension of the 
division line between Lot 1/2, Ward 21, Section 13, Block 848, 
and Lot 38B, Ward 21, Section 13, Block 848; thence bind- 
ing on said division line southerly to intersect the division 
line between Lot i/4. Ward 21, Section 13, Block 848t, and 
Lot 38A, Ward 21," Section 13, Block 848 ; thence binding 
on said division line westerly to intersect the east side of 
the first 4-foot alley; thence binding on the east side of 
said alley, as extended, southerly to intersect the south side 
of Clifford Street ; thence binding on the south side of Clif- 
ford Street easterly to intersect the west side of West Barre 
Street; thence binding on the west side of West Barre 
Street southwesterly and southeasterly to intersect the north 
side of Woodward Street; thence binding on the north 



118 ORDINANCES Ord. No. 538 

side of Woodward Street westerly 45 feet, more or less, 
to intersect the extension of the division line between Lot 
94, Ward 12, Section 12, Block 858, and Lot 95, Ward 12, 
Section 12, Block 858; thence binding on said 
division line southerly to intersect the north site SIDE of a 
7-foot alley; thence binding on the north side of said alley 
easterly 4 feet, more or less, to intersect the extension of the 
division line between Lot 113, Ward 12, Section 12, Block 
858, AND LOT 112, WARD 12, SECTION 12, BLOCK 858; 
THENCE binding on said division line, as extended, south- 
erly to intersect the southwest corner of Mangold and 
Sterrett Streets ; thence binding from the southwest corner 
of Mangold and Sterrett Streets on Sterrett Street southerly 
to intersect the north side of West Hamburg Street ; thence 
binding on the north side of West Hamburg Street easterly 
to intersect the west side of the proposed Boulevard right- 
of-way line ; thence binding along the west side of the pro- 
posed Boulevard right-of-way line northerly to the point of 
beginning. 

Whereas, under Ordinance No. 1052 152, approved June 
28, 1968, the Department of Housing and Community De- 
velopment was authorized to prepare and administer Re- 
newal Plans in Renewal Areas ; and 

Whereas, the Department of Housing and Community 
Development has prepared a Renewal Plan for Fremont, 
consisting of a cover page, a table of contents, Govontoon 
FIFTEEN 44^^ (15) pages of text and five (5) exhibits; 
and 

Whereas, the Renewal Plan for Fremont was approved 
by the Planning Commission of Baltimore City on October 
18, 1973, with respect to its conformity as to the M^aster 
Plan ; the detailed location of any public improvements pro- 
posed in the Renewal Plan; its conformity to the rules 
And regulations for subdivisions; and all zoning changes 
proposed in the Renewal Plan, and the Renewal Plan was 
approved and recommended to the City Council by the Com- 
missioner of Housing and Community Development on Oc- 
tober 19, 1973 ; now, therefore. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Renewal Plan for Fremont, identified 



ORDINANCES 



119 



as "Urban Renewal Plan, Fremont Urban Renewal Proj- 
ect*', having been duly reviewed and considered, is hereby 
approved, and the Clerk of the City Council is hereby 
directed to file a copy of said Renewal Plan with the De- 
partment of Legislative Reference as a permanent record 
and make the same .available for public inspection and in- 
formation. 



Sec. 2. And he it further ordained, That it is necessary to 
acquire by purchase or by condemnation for Urban Renewal 
purposes "the fee simple interest, or any lesser interest, in 
and to the properties or portions thereof situate in Balti- 
more City, Maryland, .and not deemed necessary by the 
Director of the Department of Public Works for the Pro- 
posed City Boulevard, and described as follows : 



659 


West Barre Street 


661 


West Barre Street 


663 


West Barre Street 


665 


West Barre Street 


667 


West Barre Street 


669 


West Barre Street 


671 


West Barre Street 


673 


West Barre Street 


675 


West Barre Street 


677 


West Barre Street 


679 


West Barre Street 


701 


West Barre Street 


703 


West B.arre Street 


704 


West Barre Street 


705 


West Barre Street 


706 


West Barre Street 


707 


West Barre Street 


708 


West Barre Street 


709 


West Barre Street 


710 


West Barre Street 


711 


West Barre Street 


712 


West Barre Street 


713 


West Barre Street 


714 


West Barre Street 


715 


West Barre Street 


716 


West Barre Street 


718 


West Barre Street 


719 


West Barre Street 



120 ORDINANCES Ord. No. 538 



717 


West Barre 


Street 


720 


West Barre 


Street 


721 


West Barre 


Street 


722 


West B^arre Street 


723 


West Barre 


Street 


724 


West Barre 


Street 


725 


West Barre 


Street 


727 


West Barre 


Street 


729 


West Barre 


Street 


731 


West Barre 


Street 


802 


West Barre 


Street 


804 


West Barre 


Street 


806 


West Barre 


Street 


807 


West Barre 


Street 


808 


West Barre 


Street 


809 


West Barre 


Street 


811 


West Barre 


Street 


813 


West Barre 


Street 


815 


West Barre 


Street 


817 


West Barre 


Street 


819 


West Barre 


Street 


821 


West Barre 


Street 


823-825 West B.arre Street 


916-920 West Barre 


Street 


922 


West Barre 


Street 


1004 


West Barre 


Street 


1006 


West Barre 


Street 


1008 


West Barre 


Street 


1010 


West Barre 


Street 


1012 


West Barre 


Street 


1014 


West Barre 


Street 


1016 


West Barre 


Street 


1017 


West Barre 


Street 


1018 


West Barre 


Street 


1019 


West Barre 


Street 


1020 


West Barre 


Street 


1021 


West Barre 


Street 


1022 


West Barre 


Street 


1023 


West Barre 


Street 


1024 


West Barre 


Street 


1025 


West Barre 


Street 


1026 


West B^arre Street 


1027 


West Barre 


Street 



I 



ORDINANCES 121 



1028 West Barre Street 

1029 West Barre Street 

1030 West Barre Street 

1031 West Barre Street 

1032 West Barre Street 

1033 West Barre Street 

1034 West Barre Street 

1035 West Barre Street 

1036 West Barre Street 

1037 West Barre Street 

1038 West Barre Street 

1039 West Barre Street 

1040 West Barre Street 

1041 West Barre Street 

1042 West Barre Street 

1043 West Barre Street 

1044 West Barre Street 

1045 West B.arre Street 

1046 West Barre Street 

1047 West Barre Street 

1048 West Barre Street 

1049 West Barre Street 

1050 West B,arre Street 

1051 West Barre Street 

1052 West Barre Street 

1053 West Barre Street 

1054 West Barre Street 
1056 West Barre Street 

812 Burgundy Street 

814 Burgundy Street 

815 Burgundy Street 

816 Burgundy Street 

817 Burgundy Street 

818 Burgundy Street 

819 Burgundy Street 

820 Burgundy Street 
822 Burgundy Street 
824 Burgundy Street 
826 Burgundy Street 
828 Burgundy Street 

902 Burgundy Street 

903 Burgundy Street 

904 Burgundy Street 



22 


ORDINANCES 


905 


Burgundy Street 


906 


Burgundy Street 


908 


Burgundy Street 


910 


Burgundy Street 


912 


Burgundy Street 


914 


Burgundy Street 


915 


Burgundy Street 


916 


Burgundy Street 


917 


Burgundy Street 


918 


Burgundy Street 


919 


Burgundy Street 


920 


Burgundy Street 


921 


Burgundy Street 


922 


Burgundy Street 


923 


Burgundy Street 


924 


Burgundy Street 


925 


Burgundy Street 


926 


Burgundy Street 


928 


Burgundy Street 


929 


Burgundy Street 


930 


Burgundy Street 


931 


Burgundy Street 


932 


Burgundy Street 


934 


Burgundy Street 


936 


Burgundy Street 


938 


Burgundy Street 


940 


Burgundy Street 


942 


Burgundy Street 


944 


Burgundy Street 


946 


Burgundy Street 


712 


Carroll Street 


714 


Carroll Street 


716 


Carroll Street 


718 


Carroll Street 


720 


Carroll Street 


722 


Carroll Street 


724 


Carroll Street 


726 


Carroll Street 


728 


Carroll Street 


730 


Carroll Street 


732 


Carroll Street 


734 


Carroll Street 


736 


Carroll Street 



Ord. No. 538 





ORDINANCES 


738 


Carroll Street 


740 


Carroll Street 


742 


Carroll Street 


744 


Carroll Street 


746 


Carroll Street 


748 


Carroll Street 


750 


Carroll Street 


752 


Carroll Street 


913 


Denver Street 


919 


Denver Street 


921 


^Denver Street 


922 


Denver Street 


923 


Denver Street 


924 


Denver Street 


929 


Denver Street 


743 


Dover Street 


745-749 


Dover Street 


751 


Dover Street 


753 


Dover Street 


755 


Dover Street 


757 


Dover Street 


759 


Dover Street 


761 


Dover Street 


763 


Dover Street 


765 


Dover Street 


767 


Dover Street 


769 


Dover Street 


770 


Dover Street 


771 


Dover Street 


772 


Dover Street 


773 


Dover Street 


774 


Dover Street 


776 


Dover Street 


778 


Dover Street 


715 


Eislen Street 


725 


Eislen Street 


726 


Eislen Street 


727 


Eislen Street 


733 


Eislen Street 


735 


Eislen Street 


737 


Eislen Street 


739 


Eislen Street 



123 



24 


ORDINANCES 


740 


Eislen Street 


741 


Eislen Street 


742 


Eislen Street 


743 


Eislen Street 


753 


Eislen Street 


755 


Eislen Street 



Ord. No. 538 



104 South Fremont Avenue 

308 South Fremont Avenue 
314-322 South Fremont Avenue 

324 South Fremont Avenue 
326-328 South Fremont Avenue 

800 South Fremont Avenue 

802 South Fremont Avenue 

803 South Fremont Avenue 

804 South Fremont Avenue 

805 South Fremont Avenue 

806 South Fremont Avenue 

807 South Fremont Avenue 

808 South Fremont Avenue 

809 South Fremont Avenue 

810 South Fremont Avenue 

811 South Fremont Avenue 

812 South Fremont Avenue 

600-602 West Hamburg Street 

604 West Hamburg Street 

606 West Hamburg Street 

608 West Hamburg Street 

610 West Hamburg Street 

612 West Hamburg Street 

614 West Hamburg Street 

616 West Hamburg Street 

618 West Hamburg Street 

620 West Hamburg Street 

622 West Hamburg Street 

624 West Hamburg Street 

626 West Hamburg Street 

628 West Hamburg Street 

702 West Hamburg Street 

704 West Hamburg Street 

706 West Hamburg Street 

708 West Hamburg Street 

710 West Hamburg Street 



ORDINANCES 125 



712 West Hamburg Street 

714 West Hamburg Street 

716 West Hamburg Street 

718 West Hamburg Street 

720 West Hamburg Street 

722 West Hamburg Street 

724 West Hamburg Street 

726 West Hamburg Street 

728 West Hamburg Street 

730 Wtst Hamburg Street 

732 West Hamburg Street 

734 West Hamburg Street 

736 West Hamburg Street 

738 West Hamburg Street 

740 West Hamburg Street 

742 West Hamburg Street 

744 West Hamburg Street 

7441/2 West Hamburg Street 

746 West Hamburg Street 

839 Kelly Court 

841 Kelly Court 

816 Lemmon Street 

820 Lemmon Street 

822 Lemmon Street 

824 Lemmon Street 

830 Lemmon Street 

831 Lemmon Street 
833 Lemmon Street 
835 Lemmon Street 
837 Lemmon Street 

8I31/2 West Lombard Street 

815 West Lombard Street 

817 West Lombard Street 
819 West Lombard Street 

821 West Lombard Street 

823 West Lombard Street 
8231/2 West Lombard Street 

825 West Lombard Street 
827 West Lombard Street 
829 West Lombard Street 
831 West Lombard Street 
833 West Lombard Street 



126 ORDINANCES Ord. No. 538 

802 Mangold Street 

715 McHenry Street 

717 McHenry Street 

719 McHenry Street 

720 McHenry Street 

721 McHenry Street 

722 McHenry Street 

723 McHenry Street 

724 McHenry Street 

725 McHenry Street 

726 McHenry Street 

727 McHenry Street 

728 McHenry Street 

729 McHenry Street 

730 McHenry Street 

731 McHenry Street 

732 McHenry Street 

733 McHenry Street 

734 McHenry Street 

735 McHenry Street 

736 McHenry Street 

737 McHenry Street 

738 McHenry Street 

739 McHenry Street 

740 McHenry Street 

741 McHenry Street 

742 McHenry Street 

743 McHenry Street 

744 McHenry Street 

745 McHenry Street 

746 McHenry Street 

747 McHenry Street 

748 McHenry Street 

749 McHenry Street 

750 McHenry Street 

751 McHenry Street 

752 McHenry Street 

753 McHenry Street 

754 McHenry Street 

755 McHenry Street 

756 McHenry Street 

757 McHenry Street 

758 McHenry Street 







ORDINANCES 


759 


McHenry Street 


760 


McHenry 


Street 


762 


McHenry 


Street 


764 


McHenry 


Street 


766 


McHenry 


Street 


768 


McHenry 


Street 


770 


McHenry 


Street 


772 


McHenry 


Street 


774 


McHenry 


Street 


776 


McHenry 


Street 


778 


IMcHenry Street 


780 


McHenry Street 


202 


Otterbein 


Street 


203 


Otterbein 


Street 


204 


Otterbein 


Street 


205 


Otterbein 


Street 


206 


Otterbein 


Street 


207 


Otterbein 


Street 


208 


Otterbein 


Street 


210 


Otterbein 


Street 


212-220 


Otterbein 


Street 


213-215 


Otterbein 


Street 


222 


Otterbein 


Street 


224 


Otterbein 


Street 


226 


Otterbein 


Street 


228 


Otterbein 


Street 


302 


Otterbein 


Street 


304 


Otterbein 


Street 


305 


Otterbein 


Street 


306 


Otterbein 


Street 


307 


Otttrbein 


Street 


309 


Otterbein 


Street 


311 


Otterbein 


Street 


313 


Otterbein 


Street 


315-317 


Otterbein 


Street 


319 


Otterbein 


Street 


321-331 


Otterbein 


Street 


812-816 


South Paca Street 


818-824 


South Paca Street 


821 


South Paca Street 


823 


South Paca Street 


825 


South Paca Street 



127 



128 ORDINANCES Ord. No. 538 

826 South Paca Street 

827 South PacA Street 

828 South Paca Street 

829 South Paca Street 

830 South Paca Street 

831 South Paca Street 

832 South Paca Street 

833 South Paca Street 

834 South Paca Street 

835 South Paca Street 

836 South Pac^ Street 

837 South Paca Street 

838 South Paca Street 

839 South Paca Street 

840 South Paca Street 
341 South Pa'ca Street 

842 South Paca Street 

843 South Paca Street 
845 South Paca Street 
847 South Pac3 Street 
849 South Paca Street 
851 South Paca Street 

900 South P.aca Street 

901 South Paca Street 

902 South Paca Street 

903 South Paca Street 

904 South Paca Street 

905 South Paca Street 

906 South Paca Street 

907 South Paca Street 

908 South Paca Street 

909 South Paca Street 

910 South Paca Street 

911 South Paca Street 

912 South Paca Street 

913 South Paca Street 

914 South Paca Street 

915 South PacA Street 

916 South Paca Street 

917 South Paca Street 

918 South Paca Street 

919 South Paca Street 

920 South Paca Street 



ORDINANCES 129 



921 South Paca Street 

922 South Paca Street 

923 South Paca Street 

924 South Paca Street 

925 South Paca Street 

926 South Paca Street 

927 South Paca Street 

928 South Paca Street 

929 South Paca Street 

930 South Paca Street 

931 Seuth Paca Street 

932 South Paca Street 

933 South Paca Street 

934 South Paca Street 

935 South Paca Street 

936 South Paca Street 

937 South Paca Street 

938 South Paca Street 

939 South Paca Street 

940 South Paca Street 

941 South Paca Street 

942 South Paca Street 

943 South Paca Street 
945 South Paca Street 
947 South Paca Street 
949 South Paca Street 
951 South Paca Street 
953 South Paca Street 
955 South Paca Street 

749-755 West Pratt Street 
754-780 West Pratt Street 
757-761 West Pratt Street 

763 West Pratt Street 

765 West Pratt Street 

767 West Pratt Street 

769 West Pratt Street 

771 West Pratt Street 

773 West Pratt Street 

775 West Pratt Street 

777 West Pratt Street 

779 West Pratt Street 

781 West Pratt Street 
782-784 West Pratt Street 



130 ORDINANCES Ord. No. 538 

783 West Pratt Street 

785 West Pratt Street 

787 West Pratt Street 

709 Ramsay Street 

711 Ramsay Street 

713 Ramsay Street 

715 R,amsay Street 

717 Ramsay Street 

718 Ramsay Street 

719 Ramsay Street 

720 Ramsay Street 

721 Ramsay Street 

722 Ramsay Street 

723 Ramsay Street 

724 Ramsay Street 

725 Ramsay Street 

726 Ramsay Street 

727 Ramsay Street 

728 Ramsay Street 

729 Ramsay Street 

730 Ramsay Street 

731 Ramsay Street 

732 Ramsay Street 

733 Ramsay Street 

734 Ramsay Street 

735 Ramsay Street 

736 R,amsay Street 

737 Ramsay Street 
739 Ramsay Street 
741 Ramsay Street 
743 Ramsay Street 

801-803 Ridgely Street 

805 Ridgely Street 

806 Ridgely Street 
807-809 Ridgely Street 
808 Ridgely Street 
810 Ridgelv Street 
812 Ridgely Street 
814 Ridgely Street 
816 Ridgely Street 

900 Ridgely Street 

901 Ridgely Street 



ORDINANCES 131 



902 Ridgely Street 

903 Ridgely Street 
904-908 Ridgely Street 

905 Ridgely Street 

907 Ridgely Street 

909 Ridgely Street 

910 Ridgely Street 

911 Ridgely Street 

912 Ridgely Street 

913 Ridgely Street 

914 Ridgely Street 

915 Ridgely Street 

916 Ridgely Street 
918 Ridgely Street 
920 Ridgely Street 
922 Ridgely Street 
924 Ridgely Street 
926 Ridgely Street 
928 Ridgely Street 
930 Ridgely Street 
932 Ridgely Street 

934 Ridgely Street 

935 Ridgely Street 

936 Ridgely Street 

937 Ridgely Street 
939 Ridgely Street 
941 Ridgely Street 

303 Ringgold Street 

305 Ringgold Street 

309 Ringgold Street 

311 Ringgold Street 

314 Ringgold Street 

318 Ringgold Street 

323 Ringgold Street 

325 Ringgold Street 

327 Ringgold Street 

329 Ringgold Street 

334 Ringgold Street 

900-902 Russell Street 

904 Russell Street 

906 Russell Street 

908 Russell Street 



132 ORDINANCES Ord. No. 538 

910 Russell Street 

912 Russell Street 

914 Russell Street 

916-918 Russell Street 

920 Russell Street 



740 


Ryan Street 


742 


Ryan Street 


744 


Ryan Street 


746 


Ryan Street 


748 


Ryan Street 


102 


Scott Street 


103 


Scott Street 


104 


Scott Street 


105 


Scott Street 


106 


Scott Street 


107 


Scott Street 


108 


Scott Street 


109 


Scott Street 


110 


Scott Street 


111 


Scott Street 


112 


Scott Street 


113 


Scott Street 


114 


Scott Street 


115 


Scott Street 


116 


Scott Street 


117 


Scott Street 


118 


Scott Street 


119 


Scott Street 


120 


Scott Street 


121 


Scott Street 


122 


Scott Street 


123 


Scott Street 


124 


Scott Street 


125 


Scott Street 


126 


Scott Street 


127 


Scott Street 


128 


Scott Street 


129 


Scott Street 


130 


Scott Street 


131 


Scott Street 


203 


Scott Street 


205 


Scott Street 



ORDINANCES 13' 



207 Scott Street 

209 Scott Street 

211 Scott Street 

213 Scott Street 

215 Scott Street 

217 Scott Street 

219 Scott Street 

221 Scott Street 

223 Scott Street 

225 Scott Street 

227 Scott Street 

229 Scott Street 

231 Scott Street 

902 Sterrett Street 

904 Sterrett Street 

716 Washington Boulevard 

717 Washington Boulevard 

718 Washington Boulev,ard 

719 Washington Boulevard 

720 Washington Boulevard 

721 Washington Boulevard 

722 Washington Boulevard 

723 Washington Boulevard 

724 Washington Boulevard 

725 Washington Boulevard 

726 Washington Boulevard 

727 Washington Boulevard 

728 Washington Boulevard 

729 Washington Boulevard 
730-732 Washington Boulevard 
731 Washington Boulevard 
733 Washington Boulevard 
734-738 Washington Boulevard 
735-737 Washington Boulevard 



739 


Washington Boulevard 


740 


Washington Boulev,ard 


741 


Washington Boulevard 


742 


Washington Boulevard 


743- 


745 Washington Boulevard 


744 


Washington Boulevard 


746 


Washington Boulevard 


747 


Washington Boulevard 



134 ORDINANCES Ord. No. 538 

748 Washington Boulevard 

749-751 Washington Boulevard 
750 Washington Boulevard 

752 Washington Boulevard 

753 Washington Boulevard 
755 Washington Boulevard 

801 Woodward Street 

803 Woodward Street 

805 Woodward Street 

807 Woodward Street 

Lot 99 Block 285 Section 1 Ward 21 
Lot 55 Block 849 Section 13 Ward 21 

Sec. 3. And be it further ordained, That it may be neces- 
sary to acquire by purchase or by condemnation for Urban 
Renewal purposes the fee simple interest or any lesser inter- 
est in and to such of the remaining properties or portions 
thereof in the Fremont Project not specifically designated 
for acquisition in Section 2 of this ordinance, as may be 
deemed necessary and proper by the Commissioner of the 
Department of Housing and Community Development to 
effect the proper implementation of the Project. 

( 1 ) These properties may include : 

(a) Any property in the project area containing a non- 
salvable structure, i. e., a structure which in the opinion of 
the Commissioner of the Department of Housing a»t and 
Community Development cannot be economically rehabili- 
tated. 

(b) Any property the owner of which is unable or 
unwilling to comply or conform to the codes and ordinances 
of Baltimore City within 12 months from the date of written 
notice of the required improvements, the Department of 
Housing and Community Development after due considera- 
tion thyat the property owner has failed to achieve sub- 
stantial conformity with the codes and ordinances of Balti- 
more City may acquire such property pursuant to the Emi- 
nent Domain Law of this State as if the property has 
originally been planned for acquisition after 90 days written 
notice to the owner. The Department of Housing and Com- 
munity Development reserves the right to acquire any such 
non-complying property for a period of two (2) years from 



ORDINANCES 135 

the date of said written 90 days notice by the Department 
of Housing and Community Development. 

(2) Upon the acquisition of such properties, the Depart- 
ment of Housing and Community Development will 
either : 

(a) Demolish the structure or structures thereon and 
dispose of the land for redevelopment at its fair value for 
uses in accordance with this Plan ; or 

(b) Sell or lease the property at its fair value subject 
to rehabilitation in conformance with the codes and ordi- 
nances of Baltimore City ; or 

(c) Rehabilitate the property in conformance with the 
codes and ordinances of Baltimore City and dispose of 
property at its fair value in accordance with applicable 
regulations. If sale cannot be consummated by the time 
rehabilitation is accomplished, property may be rented pend- 
ing continuing sale efforts. 

Sec. 4. And he it further ordained, That the Real Estate 
Acquisition Division of the Department of the Comptroller, 
or such persons and in such manner as the Board of Esti- 
m,ates, in the exercise of the power vested in it by Article 
V, Section 5, of the Baltimore City Charter, may hereafter 
from time to time designate, is or are authorized to acquire 
on behalf of the Mayor ,and City Council of Baltimore and 
for the purposes described in this ordinance the fee simple 
interest or any lesser interest in and to the properties or por- 
tions thereof hereinabove mentioned. If the said Real Estate 
Acquisition Division of the Department of the Comptroller, 
or such person or persons and in such manner as the Board 
of Estimates, in the exercise of the power vested in it by 
Article V, Section 5, of the Baltimore City Charter, may 
hereafter from time to time designate, is or are unable to 
agree with the owner or owners on the purchase price for 
said properties or portions thereof, it or they shall forthwith 
notify the City Solicitor of Baltimore City, who shall there- 
upon institute in the name of the Mayor and City Council 
of Baltimore the necessary legal proceedings to acquire by 
condemnation the fee simple interest or any lesser in- 
terest in and to said properties or portions thereof. 



136 ORDINANCES Ord. No. 538 

Sec. 5. And be it further ordained, Th^t in selling or 
otherwise disposing of property in Fremont, the Depart- 
ment of Housing and Community Development shall re- 
quire that developers agree in writing not to discriminate 
in the sale, lease, use or occupancy of the property developed 
by them against any person because of race, creed, color 
or national origin. 

Sec. 6. And be it further ordained, That the approval 
of the Renewal Plan for Fremont shall not be construed as 
an enactment of such amendments to the Zoning Ordinance 
as are proposed in the Renewal Plan. 

Sec. 7. And be it further ordained, That in whatever 
respect, if any, the Renewal Pl,an approved hereby for 
Fremont may not meet the requirements as to the content 
of a Renewal Plan or the procedure for the preparation, 
adoption, afiy AND approval of Renewal Plans as provided 
in Ordinance No. 152, approved June 28, 1968, the said re- 
quirements are hereby waived and the Renewal Plan ap- 
proved hereby is exempted therefrom. 

Sec. 8. And be it further ordained. That in the event it be 
judicially determined that any word, phrase, clause, sen- 
tence, paragraph, section or p,art in or of this ordinance or 
the application thereof to any person or circumstances is 
invalid, the remaining provisions and the application of 
such provisions to other persons or circumstances shall not 
be affected thereby, the Mayor and City Council hereby 
declaring th,at they would have ordained the remaining 
provisions of this ordinance without the word, phrase, 
clause, sentence, paragraph, section or part of the applica- 
tion thereof so held invalid. 

Sec. 9. And be it further ordained. That in any case where 
a provision of this ordinance concerns the same subject 
m,atter as an existing provision of any zoning, building, 
electrical, plumbing, health, fire or safety ordinance or 
code or regulation, the applicable provisions concerned shall 
be construed so as to give effect to each ; provided, however, 
that if such provisions are found to be in irreconcilable 
conflict, the provision which establishes the higher standard 
for the promotion and protection of the public health and 



ORDINANCES 137 

safety shall prevail. In any case where a provision of this 
ordinance is found to be in conflict with an existing provi- 
sion of any other ordinance or code or regulation in force 
in the City of Baltimore which establishes a lower standard 
for the promotion and protection of the public health and 
safety, the provision of this ordinance shall prevail, and the 
other existing provision of such other ordinance or code or 
regulation is hereby repealed to the extent that it may be 
found in conflict with this ordinance. 

Sec. 10. ^A7id he it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved March 1, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 539 
(Council No. 1170) 

An Ordinance to approve the application of Russell T. 
Baker & Co., Inc., Optionee of the property south of Inter- 
state Route 95, west of Caton Avenue, north of Bloede 
Avenue, extended to Edgewood Street, west of Edgewood 
Street, and north of Joh Avenue, consisting of 32.5 acres, 
more or less, to have said property designated a Business 
Planned Development in accordance with Section 12.0-1 
and 12.0-4 of Article 30 of the Baltimore City Code (1966 
Edition), as amended by Ordinance No. 1051, approved 
April 20, 1971 ; to approve the development plan sub- 
mitted by Russell T. Baker & Co., Inc.; to repeal Ordi- 
nance 179, approved July 31, 1972 and rescind the 
approval of a development plan therein granted; and to 
provide that the development plan will allow construc- 
tion of a motel and other permitted uses. 

Whereas, Russell T. Baker & Co., Inc., is the optionee of 
the property south of Interstate Route 95, west of Caton 
Avenue, north of Bloede Avenue, extended to Edgewood 
Street, west of Edgewood Street, and north of Joh Avenue, 
consisting of 32.5 acres, more or less ; and 



138 ORDINANCES Ord. No. 539 

Whereas, on December 11, 1973, Russell T. Baker & Co., 
Inc. met with the Director of Planning, the designated 
officer of the Planning Commission of Baltimore City, to 
hold a Pre-Petition Conference to explain the scope and 
nature of existing and proposed development on the prop- 
erty in order to institute proceedings to have said property 
designated a Business Planned Development ; and 

Whereas, together herewith Russell T. Baker & Co., Inc. 
made formal application to the City Council of Baltimore 
City and has submitted requisite development plan to in- 
clude those requirements specified in Sections 12.0-1 and 
12.0-4 of Article 30 of the Baltimore City Code (1966 Edi- 
tion), as amended by Ordinance No. 1051, approved April 
20, 1971, now, therefore, 

Section 1. Be it ordained by the Mayor and City Coun- 
cil of Baltimore, That the application of Russell T. Baker 
& Co., Inc., Optionee of the property south of Interstate 
Route 95, west of Caton Avenue, north of Bloede Avenue, 
extended to Edgewood Street, west of Edgewood Street, 
and north of Joh Avenue, consisting of 32.5 acres, more or 
less, as outlined on the plats accompanying the ordinance to 
designate said property a Business Planned Development 
pursuant to Article 30, Sections 12.0-4 and 12.0-1 of the 
Baltimore City Code (1966 Edition), as amended by Ordi- 
nance No. 1051, approved April 20, 1971, be and it is hereby 
approved. 

Sec. 2. And be it further ordained, That the Development 
Plan submitted by Russell T. Baker & Co., Inc., Optionee, 
attached hereto and made a part hereof, be and is hereby 
approved^ SUBJECT TO THE FOLLOWING CONDI- 
TIONS : 

A. THAT ARCHITECTURAL PLANS FOR THE 
PROPOSED BUILDINGS BE SUBMITTED TO THE 
PLANNING COMMISSION FOR REVIEW AND AP- 
PROVAL, AFTER REVIEW BY THE DESIGN AD- 
VISORY PANEL. 

B. THAT ALL PLANS FOR FUTURE SITE DETAILS 
E.G. LANDSCAPING, SIGNS, AND LIGHTING, IN THE 
PLANNED DEVELOPMENT, BE SUBMITTED TO THE 



ORDINANCES 139 

PLANNING COMMISSION FOR REVIEW AND AP- 
PROVAL. 

C. THAT ALL DEDICATIONS FOR STREETS AND 
UTILITIES BE SPECIFICALLY APPROVED BY THE 
DEPARTMENT OF PUBLIC WORKS AND THE PLAN- 
NING COMMISSION AND SUBJECT TO THE APPRO- 
PRIATE CITY STANDARDS. 

D. THAT ALL SUBDIVISIONS AND RE-SUBDIVI- 
SIONS OF LAND WILL BE SUBJECT TO PLANNING 
COMMISSION REVIEW AND APPROVAL. 

Sec. 3. And be it further ordained, That Ordinance 179, 
approved on July 31, 1972, be and the same is hereby re- 
pealed and the approval of a development plan therein 
granted be and the same is hereby repealed. 

Seer 4t And he # further ordained, That Russoll ^ Bakor 

ISC \^\J • y Xll\^« J TV XIX CAXXXV^XXLi. ^TT^ ^^TTTTTTT^TjCT -i- -lc^XXXX^V^. .L^\^ V v-'A^-z^J-ixi-/ XX U jJ\J 

allow construction e# a motol afi4 other ttses pormittod m 
a Business P lanned Dovolopmont. 

SEC. 4. AND BE IT FURTHER ORDAINED, 
THAT FURTHER STAGES OF DEVELOPMENT, 
WHICH GENERALLY CONFORM TO THE PLANS AP- 
PROVED BY THE MAYOR AND CITY COUNCIL, AND 
WHICH CONFORM IN ALL RESPECTS TO THE USES 
ALLOWED IN THE M-1, B-1, AND B-2 ZONING DIS- 
TRICTS EXCEPT AS THESE USES MAY BE EX- 
CLUDED IN ACCORDANCE WITH THE DEVELOPER'S 
STATEMENT OF INTENT ACCOMPANYING THIS 
ORDINANCE APPROVED BY THE MAYOR AND CITY 
COUNCIL, SHALL BE REVIEWED AND APPROVED 
BY THE PLANNING COMMISSION SUBJECT TO SEC- 
TIONS 2A, B, C, AND D OF THIS ORDINANCE. 

Sec. 5. And be it ftirther ordained, That upon passage of 
this ordinance by the City Council, as evidence of the authen- 
ticity of the plats which are a part hereof and in order to 
give notice to the departments which are administering the 
Zoning Ordinance, the President of the City Council shall 
sign the Plats. The City Treasurer shall then transmit a 
copy of the ordinance and the plats to the Board of Munic- 



140 ORDINANCES Ord. No. 540 

ipal and Zoning Appeals, the Planning Commission and the 
Zoning Administrator. 

Sec. 6. And he it further ordained, That this ordinance 
shall take effect on the date of its passage. 

Approved March 1, 1974. 

WILLIAM DONALD SCHAEFER, Mayor, 



No. 540 
(Council No. 1024) 

An Ordinance to repeal and reordain with amendments Sec- 
tion 3.6 of Article 9 of the Baltimore City Code (1966 
Edition), title "Fire Department and Fire Code," 
subtitle "Fire Prevention Code," ;as ordained by Ordinance 
975, approved May 1, 1967, prohibiting smoking in ele- 
vators. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Section 3.6 of Article 9 of the Baltimore 
City Code (1966 Edition), title "Fire Department and Fire 
Code," subtitle "Fire Prevention Code," as ordained by 
Ordinance 975, approved May 1, 1967, be and it is hereby 
repealed and reordained with amendments to re^d as 
follows : 

Smoking Regulations 

Section 3.6 

A. Chief of the Fire Department to Designate Areas Where 
Smoking Shall be Prohibited: 

Where conditions are such as to make smoking a hazard 
in any area, building, structure, institutions, places of 
assembly and in open sp.aces where combustible materials 
are stored or handled, the Chief of the Fire Department is 
empowered and authorized to order the owner or occupant 
in writing to post "NO SMOKING" signs in each building, 
structure, room or place in which smoking is prohibited. 



ORDINANCES 141 

B. Smoking Prohibited : 

No person shall smoke, carry or have any lighted match, 
pipe, cigar or cigarette, or carry or use ^ny portable open 
light, in any theatre, department store, or in any other 
building used or occupied as a retail store for sale of dress 
goods, pyroxlin plastics, curtains, draperies, scarfs, neckties, 
dresses, underwear, bedding, bunting, decorative materials, 
linens and other similar highly inflammable material or 
products. 

No person shall smoke, carry or have any lighted match, 
pipe, cigar or cigarette in any elevator. 

C. The owner or manager of every such theatre, depart- 
ment store or other place where highly flammable materials 
or products are on display shall erect or cause to be erected 
at least two signs containing the words "NO SMOKING" 
with letters not less than 4 inches in height in each floor 
area of 2,500 square feet or part thereof in every story 
where smoking is prohibited. All "NO SMOKING" signs 
shall be so erected that they will be visible in all directions. 

The oivner or manager of any building ivhich contains an 
elevator shall affix or cause to be affixed within the elevator 
a sign saying ''NO SMOKING" in letters not less than 
tivo inches in height, 

D. The owner or manager of any place where smoking is 
prohibited shall be held strictly responsible for the enforce- 
ment of the "NO SMOKING" regulations and is hereby 
given the right to eject or have ejected, by force if neces- 
sary, any person from their establishments who refuse to 
comply with the "NO SMOKING" regulations of this Sec- 
tion 3.6 in the Fire Prevention Code. 

E. Any person found smoking, carrying or having any 
lighted match, pipe, cigar or cigarette in any area where 
smoking is prohibited in this Fire Prevention Code shall be 
Guilty, together with such managers or owners of such es- 
tablishment who permits such smoking, of a violation of 
this Fire Prevention Code and shall be subject to all the 
penalties herein prescribed. 

The "NO SMOKING" provisions herein set forth shall not 
apply to areas designated with the approval of the Chief of 
the Fire Department where smoking is permitted. 



142 ORDINANCES Ord. No. 541 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved March 1, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 541 
(Council No. 1127) 

An Ordinance to condemn and open, Quinton Street, 60 
feet wide, and extending from Fait Avenue, Northerly 
115 feet to the end thereof in accordance with a plat 
thereof numbered 319-A-7, prepared by the Surveys and 
Records Division and filed in the Office of the Depart- 
ment of Assessments, on the Twenty-first (21st) day of 
November, 1973, ^and now on file in said office. 

Section 1. Beit ordained by the Mayor and City Council 
of Baltimore, That the Department of Assessments be, and 
they are hereby authorized and directed to condemn, open, 
Quinton Street, 60 feet wide, and extending from Fait 
Avenue, Northerly 115 feet to the end thereof, the street 
hereby directed to be condemned for said opening being 
described as follows: 

Beginning for the same at the point formed by the inter- 
section of the east side of Quinton Street, 60 feet wide, and 
the north side of Fait Avenue, 40 feet wide, and running 
thence binding on the north side of said Fait Avenue, West- 
erly 60 feet to intersect the west side of said Quinton Street ; 
thence binding on the west side of said Quinton Street, 
Northerly 115 feet to the northernmost extremity of said 
Quinton Street ; thence binding on the northernmost extrem- 
ity of said Quinton Street, Easterly 60 feet to the afore- 
said east side of Quinton Street and thence binding on the 
east side of said Quinton Street, Southerly 115 feet to the 
place of beginning. 

The said Quinton Street as directed to be condemned 
being more particularly described ^nd referred to among 



ORDINANCES 143 

the Land Records of Baltimore City and delineated and 
particularly shown on a plat numbered 319-A-7 which was 
filed in the Office of the Department of Assessments on the 
Twenty-first (21st) day of November in the year 1973, and 
is now on file in the said Office. 

Sec. 2. And be it further ordained, Th^t the proceedings 
of said Department of Assessments, with reference to the 
condemnation and opening of said Quinton Street and the 
proceedings and rights of all parties interested or affected 
thereby, shall be regulated by, and be in accordance with, 
any and ^11 applicable provisions of Article 4 of the Code of 
Public Local Laws of Maryland and the Charter of Balti- 
more City (1964 Revision) and any and all amendments 
thereto, and any and all other Acts of the General Assembly 
of Maryland, and any and all ordinances of the Mayor and 
City Council of Baltimore, and any and all rules or reguU- 
tions in effect which have been adopted by the Director of 
Assessments and filed with the Department of Legislative 
Reference. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved March 1, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 542 
(Council No. 1128) 

An Ordinance to condemn and close Quinton Street, 60 feet 
wide, and extending from Fait Avenue, Northerly 115 
feet to the end thereof in accordance with a plat thereof 
numbered 319-A-7A, prepared by the Surveys and Rec- 
ords Division and filed in the Office of the Department of 
Assessments, on the Twenty-second (22nd) d^ay of No- 
vember, 1973, and now on file in said office. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Department of Assessments be, and 



144 ORDINANCES Ord. No. 542 

they are hereby authorized and directed to condemn and 
close Quinton Street, 60 feet wide, and extending from Fait 
Avenue, Northerly 115 feet to the end thereof the street 
hereby directed to be condemned for said closing being 
described as follows : 

Beginning for the same at the point formed by the inter- 
section of the east side of Quinton Street, 60 feet wide, and 
the north side of Fait Avenue, 40 feet wide, and running 
thence binding on the north side of said Fait Avenue, West- 
erly 60 feet to intersect the west side of said Quinton Street ; 
thence binding on the west side of said Quinton Street, 
Northerly 115 feet to the northernmost extremity of said 
Quinton Street; thence binding on the northernmost ex- 
tremity of said Quinton Street, Easterly 60 feet to the afore- 
said east side of Quinton Street and thence binding on the 
east side of said Quinton Street, Southerly 115 feet to the 
place of beginning. 

The said Quinton Street as directed to be condemned 
being more particularly described and referred to among 
the Land Records of Baltimore City and delineated and 
particularly shown on a plat numbered 319-A-7A which 
was filed in the Office of the Department of Assessments on 
the Twenty-second day of November in the year 1973, 
and is now on file in the said Office. 

Sec. 2. And be it further ordained, That after said 
highway or highways shall have been closed under the pro- 
visions of this ordinance, all subsurface structures and 
appurtenances now owned by the Mayor and City Council 
of Baltimore, shall be and continue to be the property of the 
Mayor and City Council of Baltimore, in fee simple, until 
the use thereof shall be abandoned by the Mayor and City 
Council of Baltimore, and in the event that any person, 
firm or corporation shall desire to remove, alter or interfere 
therewith, such person, firm or corporation shall first obtain 
permission and permits therefor from the Mayor and City 
Council of Baltimore, and shall in the application for such 
permission and permits agree to pay all costs and charges 
of every kind and nature made necessary by such removal, 
alteration or interference. 



ORDINANCES 145 

Sec. 3. And be it further ordained, That no buildings or 
structures of any kind shall be constructed or erected in 
said portion of said highway or highways after the same 
shall have been closed under the provisions of this ordinance 
until the subsurface structures and appurtenances now 
owned by the Mayor and City Council of Baltimore, over 
which said buildings or structures are proposed to be con- 
structed or erected shall have been abandoned or shall have 
been removed and relaid in accordance with the specifica- 
tions And under the direction of the Director of Public 
Works of Baltimore City, and at the expense of the person 
or persons or body corporate desiring to erect such build- 
ings or structures. Railroad tracks shall be taken to be 
"structures" within the meaning of this section. 

Sec. 4. And be it further ordained, That after said high- 
way or highways shall have been closed under the provi- 
sions of this ordinance, all subsurface structures and ap- 
purtenances owned by any person, firm or corporation, 
other than the Mayor and City Council of Baltimore, shall 
upon notice from the Director of Public Works of Baltimore 
City, be promptly removed by and at the expense of the 
said owners. 

Sec. 5. And be it further ordained, That on ^nd 
after the closing of said highway or highways, the said 
Mayor and City Council of Baltimore, acting through its 
duly authorized representatives, shall, at all times, have 
access to s.aid property and to all subsurface structures 
and appurtenances used by it therein, for the purposes of 
inspection, maintenance, repair, alteration, relocation 
and/or replacement, of any or all of said structures and 
appurtenances, jand this without permission from or com- 
pensation to the owner or owners of said land. 

Sec. 6. And be it further ordained. That the proceedings 
of said Department of Assessments, with reference to the 
condemnation and closing of said Quinton Street and the 
proceedings and rights of all parties interested or affected 
thereby, shall be regulMed by, and be in accordance with, 
any and all applicable provisions of Article 4 of the Code of 
Public Local Laws of Maryland and the Charter of Balti- 
more City (1964 Revision) and any and all amendments 



146 ORDINANCES Ord. No. 543 

thereto, and any and all other Acts of the General Assembly 
of Maryland, and any and all ordinances of the Mayor and 
City Council of Baltimore, and any and all rules or regula- 
tions in effect which have been adopted by the Director of 
Assessments and filed with the Department of Legislative 
Reference. 

Sec. 7. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved March 1, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 543 
(Council No. 1154) 

An Ordinance to condemn and close Old Cold Spring Lane, 
40 feet wide, and extending from Brand Avenue, North 
60°-51'-30" West 146.58 feet in accordance with a plat 
thereof numbered 319-A-6, prepared by the Surveys and 
Records Division and filed in the Office of the Department 
of Assessments, on the Twenty-eighth (28th) day of No- 
vember, 1973, and now on file in said office. 

Section 1. Be it ordained by the Mayor and City Council 

of Baltimore, Th,at the Department of Assessments be, and 
they are hereb}' authorized and directed to condemn and 
close Old Cold Spring Lane, 40 feet wide, and extending from 
Brand Avenue, North 60°-51'-30" West 146.58 feet the street 
hereby directed to be condemned for said closing being 
described as follows : 

Beginning for the same at the point formed by the inter- 
section of the north side of proposed Brand Avenue, vary- 
ing in width, and the northeast side of Old Cold Spring 
Lane, 40 feet wide, and running thence binding on the north 
side of s.aid proposed Brand Avenue, North 78^-50'-20" West 
115.51 feet; thence binding in part on the northeast side 
of said proposed Brand Avenue, in part on the southwest 
side of said Old Cold Spring Lane and in all. North 60""- 



ORDINANCES 147 

5r-30" West 96.83 feet to a bend in the southwest side of 
said Old Cold Spring Lane ; thence by a straight line crossing 
said Old Cold Spring Lane, North 43°-48'-16" East 41.35 feet 
to a bend in the northeast side of said Old Cold Spring Lane 
and thence binding on the northeast side of said Old Cold 
Spring Lane, the two following courses and distances; 
namely. South 60°-51'-30" East 87.17 feet and South 58^- 
34'-49" East 109.15 feet to the place of beginning. 

The said Old Cold Spring Lane as directed to be con- 
demned being more particularly described and referred to 
among the Land Records of Baltimore City and delineated 
and particularly shown on a plat numbered 319-A-6 which 
was filed in the Office of the Department of Assessments on 
the Twenty-eighth (28th) day of November in the year 1973, 
and is now on file in the said Office. 

Sec. 2. And be it further ordained, That after said high- 
way or highways shall have been closed under the provi- 
sions of this ordinance, all subsurface structures and 
appurtenances now owned by the Mayor and City Council 
of Baltimore, shall be and continue to be the property of 
the Mayor and City Council of Baltimore, in fee simple, 
until the use thereof shall be .abandoned by the Mayor and 
City Council of Baltimore, and in the event that any person, 
firm or corporation shall desire to remove, alter or interfere 
therewith, such person, firm or corporation shall first ob- 
tain permission and permits therefor from the Mayor and 
City Council of Baltimore, and shall in the application for 
such permission and permits agree to pay all costs and 
charges of eveiy kind and nature made necessary by such 
removal, alteration or interference. 

Sec. 3. And he it further ordained, That no buildings or 
structures of any kind shall be constructed or erected in 
said portion of said highway or highways after the same 
shall have been closed under the provisions of this ordinance 
until the subsurface structures and appurtenances now 
owned by the Maj'or and City Council of Baltimore, over 
which said buildings or structures are proposed to be con- 
structed or erected shall have been abandoned or shall 
have been removed and relaid in accordance with the specifi- 
cations and under the direction of the Director of Public 
Works of Baltimore City, and at the expense of the person 



148 ORDINANCES Ord. No. 543 

or persons or body corporate desiring to erect such build- 
ings or structures. Railroad tracks shall be taken to be 
"structures" within the meaning of this section. 

Sec. 4. And be it further ordained, That after said high- 
way or highways shall have been closed under the provisions 
of this ordinance, all subsurface structures and appurte- 
nances owned by any person, firm or corporation, other than 
the M,ayor and City Council of Baltimore, shall upon notice 
from the Director of Public Works of Baltimore City, be 
promptly removed by and at the expense of the said owners. 

Sec. 5. And he it further ordained, That on and after the 
closing of said highway or highways, the s.aid Mayor and 
City Council of Baltimore, acting through its duly authorized 
representatives, shall, at all times, have access to said prop- 
erty and to all subsurface structures and appurtenances 
used by it therein, for the purposes of inspection, main- 
tenance, repair, alteration, relocation and/or replacement, of 
any or all of said structures and appurtenances, and this 
without permission from or compensation to the owner or 
owners of said land. 

Sec. 6. And be it further ordained, That the proceedings 
of said Department of Assessments, with reference to the 
condemnation and closing of said Old Cold Spring Lane and 
the proceedings and rights of .all parties interested or af- 
fected thereby, shall be regulated by, and be in accordance 
with, any and all applicable provisions of Article 4 of the 
Code of Public Local Laws of Maryland and the Charter of 
Baltimore City (1964 Revision) ^and any and all amendments 
thereto, and any and all other Acts of the General Assem- 
bly of Maryland, and any and all ordinances of the Mayor 
and City Council of Baltimore, and any and all rules or regu- 
lations in effect which have been adopted by the Director of 
Assessments and filed with the Department of Legislative 
Reference. 

Sec. 7. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved March 1, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 149 

No. 544 
(Council No. 1157) 

An Ordinance to condemn and open, certain streets and 
alleys or portions thereof lying within the area of the 
Reservoir Hill Project in accordance with a plat thereof 
numbered 316-A-2, prepared by the Surveys and Records 
Division and filed in the Office of the Department of 
Assessments, on the Twenty-eighth day of November, 
1973, and now on file in said office. 

SEcrriON 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Department of Assessments be, and 
they are hereby authorized and directed to condemn, open, 
certain streets and alleys or portions thereof lying within 
the area of the Reservoir Hill Project, the streets and 
alleys hereby directed to be condemned for said opening 
being described as follows : 

Sheet 1 of 1 comprising (1) a 12 foot alley, laid out 
100 feet east of Callow Avenue, 66 feet wide, and extending 
from the north side of Whitelock Street, 66 feet wide. 
Northerly 200 feet to the end thereof and designated as 
Parcel No. 1 and (2) an 18 foot alley, laid out 182 feet 
north of Whitelock Street, 66 feet wide, and extending 
from a 20 foot alley, laid out in the rear of the properties 
known as No. 702/704 Whitelock Street and No.'s 2200 
through and including 2204 Park Avenue, Westerly 25 feet 
to a 12 foot alley, laid out 100 feet east of Callow Avenue, 
66 feet wide, and designated as Parcel No. 2. 

The said alleys AS directed to be condemned being more 
particularly described and referred to among the Land 
Records of Baltimore City and delineated and particularly 
shown on a plat numbered 316-A-2 which was filed in the 
Office of the Department of Assessments on the Twenty- 
eighth day of November in the year 1973, and is now on 
file in the said Office. 

Sec. 2. And he it further ordained. That the proceedings 
of said Department of Assessments, with reference to the 
condemnation and opening of said alleys and the proceed- 
ings and rights of all parties interested or affected thereby, 



150 ORDINANCES Ord. No. 545 

shall be regulated by, and be in accordance with, any and 
all applicable provisions of Article 4 of the Code of Public 
Local Laws of Maryland and the Charter of Baltimore 
City (1964 Revision) and any and all amendments thereto, 
and any and all other Acts of the General Assembly of 
Maryland, and any and all ordinances of the Mayor and 
City Council of Baltimore, and any and all rules or regula- 
tions in effect which have been adopted by the Director 
of Assessments and filed with the Department of Legisla- 
tive Reference. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved March 1, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 545 
(Council No. 1158) 

An Ordinance to condemn and close certain streets and 
alleys or portions thereof lying within the area of the 
Reservoir Hill Project in accordance with a plat thereof 
numbered 316-A-2A, prepared by the Surveys and Rec- 
ords Division and filed in the Office of the Department 
of Assessments, on the Twenty-ninth (29th) day of 
November, 1973, and now on file in said office. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Department of Assessments be, and 
they are hereby authorized and directed to condemn and 
close certain streets and alleys or portions thereof lying 
within the area of the Reservoir Hill Project the streets 
and alleys hereby directed to be condemned for said clos- 
ing being described as follows : 

Sheet 1 of 1 comprising (1) a 12 foot alley, laid out 
100 feet east of Callow Avenue, 66 feet wide, and extending 
from the north side of Whitelock Street, 66 feet wide, 
Northerly 200 feet to the end thereof and designated as 



ORDINANCES 151 

Parcel No. 1 and (2) an 18 foot alley, laid out 182 feet 
north of Whitelock Street, 66 feet wide, and extending 
from a 20 foot alley, laid out in the rear of the properties 
known as No. 702/704 Whitelock Street and No.'s 2200 
through and including 2204 Park Avenue, Westerly 25 
feet to a 12 foot alley, laid out 100 feet east of Callow 
Avenue, 66 feet wide, and designated as Parcel No. 2. 

The said alleys as directed to be condemned being more 
particularly described and referred to among the Land 
Records of Baltimore City and delineated and particularly 
shown on a plat numbered 316-A-2A which was filed in 
the Office of the Department of Assessments on the 
Twenty -ninth day of November in the year 1973, and is 
now on file in the said Office. 

Sec. 2. And be it further ordained, That after said high- 
way or highways shall have been closed under the provi- 
sions of this ordinance, all subsurface structures and ap- 
purtenances now owned by the Mayor and City Council 
of Baltimore, shall be and continue to be the property of 
the Mayor and City Council of Baltimore, in fee simple, 
until the use thereof shall be abandoned by the Mayor 
and City Council of Baltimore, and in the event that any 
person, firm, or corporation shall desire to remove, alter 
or interfere therewith, such person, firm or corporation 
shall first obtain permission and permits therefor from 
the Mayor and City Council of Baltimore, and shall in the 
application for such permission and permits agree to pay 
all costs and charges of every kind and nature made neces- 
sary by such removal, alteration or interference. 

Sec. 3. And be it further ordained, That no buildings 
or structures of any kind shall be constructed or erected 
in said portion of said highway or highways after the 
same shall have been closed under the provisions of this 
ordinance until the subsurface structures and appurte- 
nances now owned by the Mayor and City Council of Balti- 
more, over which said buildings or structures are proposed 
to be constructed or erected shall have been abandoned 
or shall have been removed and relaid in accordance with 
the specifications and under the direction of the Director 
of Public Works of Baltimore City, and at the expense 
of the person or persons or body corporate desiring to 



152 ORDINANCES Ord. No. 545 

erect such buildings or structures. Railroad tracks shall be 
taken to be "structures" within the meaning of this sec- 
tion. 

Sec. 4. And be it further ordained, That after said 
highway or highways shall have been closed under the 
provisions of this ordinance, all subsurface structures and 
appurtenances owned by any person, firm or corporation, 
other than the Mayor and City Council of Baltimore, shall 
upon notice from the Director of Public Works of Balti- 
more City, be promptly removed by and at the expense 
of the said owners. 

Sec. 5. And be it further ordained, That on and after 
the closing of said highway or highways, the said Mayor 
and City Council of Baltimore, acting through its duly 
authorized representatives, shall, at all times, have access 
to said property and to all subsurface structures and appur- 
tenances used by its IT therein, for the purposes of inspec- 
tion, maintenance, repair, alteration, relocation and/or re- 
placement, of any or all of said structures and appurte- 
nances, and this without permission from or compensation 
to the owner or owners of said land. 

Sec. 6. And be it further ordained, That the proceedings 
of said Department of Assessments, with reference to the 
condemnation and closing of said alleys and the proceed- 
ings and rights of all parties interested or affected thereby, 
shall be regulated by, and be in accordance with, any and 
all applicable provisions of Article 4 of the Code of Public 
Local Laws of Maryland and the Charter of Baltimore 
City (1964 Revision) and any and all amendments thereto, 
and any and all other Acts of the General Assembly of 
Maryland, and any and all ordinances of the Mayor and 
City Council of Baltimore, and any and all rules or regula- 
tions in effect which have been adopted by the Director 
of Assessments and filed with the Department of Legisla- 
tive Reference. 

Sec. 7. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved March 1, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 153 

No. 546 
(Council No. 1169) 

An Ordinance to add a new Section 6.2-lc-7 to Article 30 
of the Baltimore City Code (1966 Edition), title ^'Zoning 
Ordinance," subtitle ^'Business Districts," as ordained by 
Ordinance 1051, approved April 20, 1971, to follow im- 
mediately after Section 6.2-lc-6 thereof, adding Union 
Halls as a conditional use in the B-2 community business 
district. 

Section 1. Be it ordained by the Mayor and City Coun- 
cil of Baltimore, That new Section 6.2-1 c-7 be and it is 
hereby added to Article 30 of the Baltimore City Code 
(1966 Edition), title "Zoning Ordinance," subtitle "Busi- 
ness District," as ordained by Ordinance 1051, approved 
April 20, 1971, to follow immediately after Section 6.2-lc-6 
thereof, and to read as follows : 

3.2-lc 

7. Union Halls 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved March 1, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 547 
(Council No. 1180) 

An Ordinance providing for a supplementary special fund 
appropriation in the amount of Ten Thousand Dollars 
($10,000) to the Enoch Pratt Free Library to be used for 
continuing the Outreach to Inmates Program, in accord- 
ance with the provisions of Article VI, Section 2(h) (2) of 
the Baltimore City Charter (1964 Revision). 



154 ORDINANCES Ord. No. 548 

Whereas, the money appropriated herein represents a 

grant from a public source which could not be expected 
with reasonable certainty at the time of the formulation of 
the 1973-1974 Ordinance of Estimates ; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 
14th day of November, 1973, all in accordance with Article 
VI, Section 2(h)(2) of the 1964 revised Charter of Balti- 
more City. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2(h)(2) of the 1964 revision of the Charter of 
Baltimore City, the sum of Ten Thousand Dollars (?10,000) 
shall be made available to the Enoch Pratt Free Library 
of the City of Baltimore as a supplementary special fund 
appropriation for the fiscal year ending June 30, 1974 for 
the purpose of continuing the Outreach to Inmates Pro- 
gram. The amount thus made available as a supplementary 
special fund appropriation shall be expended from a grant 
of funds to the Mayor and City Council of Baltimore by the 
Federal Government, said sum being specifically allotted to 
the Mayor and City Council of Baltimore for the aforesaid 
purpose; and said funds from said Federal Government 
shall be the source of revenue for this supplementary spe- 
cial fund appropriation, as required by Article VI, Section 
2(h)(2) of the 1964 revised Charter of Baltimore City. 

Sec. 2. And he it further^ ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved March 1, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 548 
(Council No. 1181) 

An Ordinance providing for a supplementary special fund 
appropriation in the amount of Three Thousand Dollars 



ORDINANCES 155 

($3,000) to the Enoch Pratt Free Library to be used for 
continuing the Inner City T.V. Learning Center Program, 
in accordance with the provisions of Article VI, Section 
2(h)(2) of the Baltimore City Charter (1964 Revision). 

Whereas, the money appropriated herein represents a 
grant from a public source which could not be expected 
with reasonable certainty at the time of the formulation (;f 
the 1973-1974 Ordinance of Estimates ; and 

Whereas, the supplementary special fund appropriation 
ordained Kerein has been recommended to the City 
Council by the Board of Estimates, said recommendation 
having been made at a regular meeting of said Board held 
on the 14th day of November, 1973, all in accordance with 
Article VI, Section 2(h)(2) of the 1964 revised Charter of 
Baltimore City. 

Section 1. Be it ordained by the Mayor and City Council, 
of Baltimore, That under the provisions of Article VI, Sec- 
tion 2(h) (2) of the 1964 revision of the Charter of Baltimore 
City, the sum of Three Thousand Dollars ($3,000) shall be 
made available to the Enoch Pratt Free Library of the 
City of Baltimore as a supplementary special fund appro- 
priation for the fiscal year ending June 30, 1964 for the 
purpose of continuing the Inner City T.V. Learning Center 
Program. The amount thus made available as a supple- 
mentary special fund appropriation shall be expended from 
a grant of funds to the Mayor and City Council of Balti- 
more by the Federal Government, said sum being specifi- 
cally allotted to the Mayor and City Council of Baltimore 
for the aforesaid purpose; and said funds from said 
Federal Government shall be the source of revenue for 
this supplementary special fund appropriation, as required 
by Article VI, Section 2(h) (2) of the 1964 revised Charter 
of Baltimore City. 

Sec. 2. And he it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved March 1, 1974. 

WILLIAM DONALD SCHAEFER, Mayor, 



156 ORDINANCES Ord. No. 549 

No. 549 

(Council No. 1182) 

An Ordinance providing for a supplementary special fund 
appropriation in the amount of One Million Eight Hun- 
dred Forty Thousand One Hundred Forty-five Dollars 
($1,840,145) to the Department of Public Works to be 
used for modernizing the #4 Incinerator, in accordance 
with the provisions of Article VI, Section 2(h) (2) of the 
Baltimore City Charter (1964 Revision) . 

Whereas, the money appropriated herein represents a 
grant from the Federal Government under the State and 
Local Assistance Act of 1972, fourth grant period, which 
could not be expected with reasonable certainty at the time 
of the formulation of the 1973-1974 Ordinance of Esti- 
mates ; and 

Whereas, the supplementary special fund appropriation 

ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having been 
made at a regular meeting of said Board held on the Second 
day of January, 1974, all in accordance with Article VI, 
Section 2(h)(2) of the 1964 revised Charter of Baltimore 
City. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, Sec- 
tion 2(h)(2) of the 1964 revision of the Charter of Balti- 
more City, the sum of One Million Eight Hundred Forty 
Thousand One Hundred Forty-five Dollars ($1,840,145) 
shall be made available to the Department of Public Works 
of the City of Baltimore as a supplementary special fund 
appropriation for the fiscal year ending June 30, 1974 for 
the purpose of modernizing the #4 Incinerator. The 
amount thus made available as a supplementary special 
fund appropriation shall be expended from a grant of funds 
to the Mayor and City Council of Baltimore by the Federal 
Government, said sum being allotted to the Mayor and City 
Council of Baltimore for the aforesaid purpose; and said 
funds from said Federal Government shall be the source 
of revenue for this supplementary special fund appropria- 
tion, as required by Article VI, Section 2(h) (2) of the 1964 
revised Charter of Baltimore City. 



ORDINANCES 157 

Sec. 2. And he it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved March 1, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 550 
(Council No. 1183) 

An Ordinance providing for a supplementary general fund 
appropriation in the amount of Five Hundred Fifty-four 
Thousand Dollars ($554,000) to the Police Department 
to be used for constructing a Police Headquarters Build- 
ing, in accordance with the provisions of Article VI, Sec- 
tion 2(h)(1) of the Baltimore City Charter (1964 Revi- 
sion). 

Whereas, the money appropriated herein represents 
revenues produced by general fund surplus in excess of the 
revenues estimated and relied upon by the Board of Esti- 
mates in determining the tax levy required to balance the 
budget for the 1974 fiscal year and are therefore available 
for appropriation to the Police Department pursuant to 
the provisions of Article VI, Section 2(h) (1) of the Balti- 
more City Charter (1964 Revision) ; and 

Whereas, the supplementary general fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a meeting of said Board held on the 2nd day 
of January, 1974, all in accordance with Article VI, Section 
2(h)(1) of said Charter. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, Sec- 
tion 2, of the 1964 revision of the Charter of Baltimore City, 
the sum of Five Hundred Fifty-four Thousand Dollars 
($554,000) shall be made available to the Police Depart- 
ment of the City of Baltimore as a supplementary general 
fund appropriation for the fiscal year ending June 30, 1974 



158 ORDINANCES Ord. No. 551 

for the purpose of constructing a Police Headquarters 
Building. The amount thus made available as a supple- 
mentary general fund appropriation shall be expended 
from revenue derived from general fund surplus in excess 
of the amount from this source which was estimated or 
relied upon by the Board of Estimates in determining the 
tax levy required to balance the budget for the 1974 fiscal 
year; and said funds shall be the source of revenue for 
this supplementary general fund appropriation, as required 
by Article VI, Section 2(h) (1) of the 1964 revised Charter 
of Baltimore City. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved March 1, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 551 
(Council No. 1185) 

An Ordinance providing for a supplementary general fund 
appropriation in the amount of Four Hundred Forty-six 
Thousand Dollars ($446,000) to the Department of 
Public Works to be used for modernizing the #4 Incin- 
erator, in accordance with the provisions of Article VI, 
Section 2(h)(1) of the Baltimore City Charter (1964 
Revision). 

Whereas, the money appropriated herein represents 
revenues produced by general fund surplus in excess of the 
revenues estimated and relied upon by the Board of Esti- 
mates in determining the tax levy required to balance the 
budget for the 1974 fiscal year and are therefore available 
for appropriation to the Department of Public Works pur- 
suant to the provisions of Article VI, Section 2(h) (1) of the 
Baltimore City Charter (1964 Revision) ; and 

Whereas, the supplementary general fund appropriation 
ordained herein has been recommended to the City Council 



ORDINANCES 159 

by the Board of Estimates, said recommendation having 
been made at a meeting of said Board held on the 2nd day 
of January, 1974, all in accordance with Article VI, Section 
2(h)(1) of said Charter. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, Sec- 
tion 2 of the 1964 revision of the Charter of Baltimore City, 
the sum of Four Hundred Forty-six Thousand Dollars 
(§446,000) shall be made available to the Department of 
Public Works of the City of Baltimore as a supplementary 
general fund appropriation for the fiscal year ending June 
30, 1974 for the purpose of modernizing the #4 Incinerator. 
The amount thus made available as a supplementary general 
fund appropriation shall be expended from revenue derived 
from general fund surplus in excess of the amount from 
this source which was estimated or relied upon by the Board 
of Estimates in determining the tax levy required to balance 
the budget for the 1974 fiscal year; and said funds shall 
be the source of revenue for this supplementary general 
fund appropriation, as required by Article VI, Section 2(h) 
(1) of the 1964 revised Charter of Baltimore City. 

Sec. 2. And he it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved March 1, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 552 
(Council No. 1206) 

An Ordinance to repeal paragraphs (8) and (9) of Sec- 
tion 1; Subsection (e) of Section 4; and Subsections 
(g) and (h) of Section 8; to repeal ^nd reordain with 
amendments paragraphs (6), (7), (10), (11), (12), 
(13), (14), (15), (15a), (16), (17), (18), and (19), of 
Section 1; Subsection (d) of Section 4; Subsecti.ons (a) 
(1), (b)(2), (b)(3), (b)(4), (b)(5), (b)(6), (c), (d) 



160 ORDINANCES Ord. No. 552 

(2), (h)(1) and (k) (2) of Section 6; Section 12; Sub- 
sections (b) and (c) of Section 15; Subsections (a), (b), 
(d), and (e) of Section 16; Subsection (a) of Section 17; 
Subsections (b), (c) and (d) of Section 18; Section 19; 
Section 25 ; ^nd Section 26 of Article 22 of the Baltimore 
City Code (1966 Edition), as amended from time to time, 
title "Retirement Systems," subtitle "Employees' Retire- 
ment System" ; and to add a new Subsection (n) to Sec- 
tion 6 of said Article 22 ; to repeal paragraphs (8) and (9) 
of Section 30; Subsection (d) of Section 32; and Sub- 
section (j) of Section 36; to repeal and reordain with 
amendments paragraphs (6), (10), (11), (12), (13), 
(14), (15), (15a), (16), (17), (18), and (19) of Sec- 
tion 30; Subsection (3) of Section 31; Subsections (a), 
(c), (e) and (f) of Section 32; Subsections (a)(1), 
(a)(3), (b)(2), (b)(3), (b)(4), (b)(5), (b)(6), (c), 
(d)(2), (d)(3), (h)(2), (h)(4), and (k) (2) of Sec- 
tion 34; and Section 39 of Article 22 of the Baltimore 
City Code (1966 Edition), as ^mended from time to 
time, title "Retirement Systems," subtitle "Fire and 
Police Employees"; to add a new Subsection (n) to 
Section 34 of said Article 22; to add a new Section 44 
to said Article 22 under the new subtitle "Police Depart- 
ment, Special Fund"; and to add a new Section 14B to 
Article 9 of the Baltimore City Code (1966 Edition) as 
amended by Ordinance No. 134, approved June 24, 1968, 
title "Fire Department and Fire Code," subtitle "Retire- 
ment Benefits for Certain Firemen's Dependents"; re- 
vising and deleting certain definitions; removing refer- 
ences to certain types of service; revising certain 
provisions relating to benefits of members and bene- 
ficiaries of the Employees' Retirement System of the City 
of Baltimore and the Fire and Police Employees Retire- 
ment System of the City of Baltimore ; providing for the 
abatement of certain overpayments to beneficiaries 
under the Employees' Retirement System; increasing 
benefits for certain beneficiaries of said retirement 
systems; transferring the annual funding of supple- 
mental pensions and certain other benefits from the 
Mayor ;and City Council of Baltimore to the Employees' 
Retirement System and the Fire and Police Employees' 
Retirement System ; providing for certain minimum bene- 
fits and beneficiaries of said retirement systems with 



ORDINANCES 161 

certain deductions and limitations; increasing benefits 
of certain widows of former members of the Police De- 
partment or the Fire Department, and generally pertain- 
ing to said retirement systems ^nd to certain related 
matters. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That paragraphs (8) and (9) of Section 
1; Subsection (e) of Section 4; and Subsections (g) and 
(h) of Section 8 of Article 22 of the Baltimore City Code 
(1966 Editioh), as amended, title ''Retirement Systems," 
subtitle "Employees' Retirement System," be and they are 
hereby repealed. 

Sec. 2. And he it further ordained. That paragraphs 
(6), (7), (10), (11), (12), (13), (14), (15), (15) (a), 
(16), (17), (18) and (19) of Section 1 of Article 22 of 
the Baltimore City Code (1966 Edition), as amended, title 
"Retirement Systems," subtitle "Employees' Retirement 
System," be and they are hereby repealed and reordained 
with amendments to read as follows : 

1. 

(6) "Service" sliall mean service as an employee as 
described in Subsection 2 of this Section, and paid for by 
the City of Baltimore[.], while a member of the Employees 
Retirement System; and any service purchased, repur- 
chased or transferred, by appropriate deposit or redeposit 
of funds phis interest, to cover such periods, or any service 
credited under any other section of this subtitle and under 
Maryland State latv. 

(7) "Prior Service" sh^ll mean service rendered prior 
to the first day of January, nineteen hundred and twenty- 
six, for which credit is allowable under the provisions of 
Section 4, Subsection (a) of this Article, subject to the 
qualifications set forth in Section 4., Subsection (d) of this 
Article, and including prior service granted under Section 
18(b) of this Article. 

[(8) "Membership Service" shall mean service as an 
employee rendered since last becoming a member or cred- 
ited as "Membership Service" under ^ny other section of 
this subtitle.] 



162 ORDINANCES Ord. No. 552 

[(9) "Creditable Service" shall mean "Prior Service" 
plus "Membership Service" for which credit is allowable as 
provided in Section 4, Subsection (c) of this Article.] 

[(10)] (8) "Beneficiary" shall mean any person in 
receipt of a pension, an annuity, a retirement allowance, 
or other benefit as provided by this subtitle. 

C(ll)] (9) "Regular Interest" for the Annuity Sav- 
ings Fund shall mean interest at four per centum (4%) 
per annum compounded annually. "Regular Interest" for 
the Annuity Reserve Fund, the Pension Accumulation Fund 
and the Pension Reserve Fund shall mean interest at four 
and one-half per centum (41/2%) per annum compounded 
annually. 

[(12)3 (10) "Accumulated Contributions" sh^H mean 
the sum of all the amounts deducted from the compensa- 
tion of a member and credited to his individual account 
in the Annuity Savings Fund together with regular interest 
thereon as provided in Sections 7 and 8 of this Article. 

[(13)3 (11) "Average Final Compensation" shall 
mean the average annual compensation, pay or salary 
earnable by a member for the five consecutive ye^ars of 
service as an employee during which his earnable compen- 
sation was highest, or if he had less than five years of 
service then the .average annual compensation, pay or 
salary earnable by him during his total years of service. 
"Earnable" shall include all usual compensation, in what- 
ever manner paid, such as lodging, subsistence, etc. In 
cases where compensation is not ,all paid in money, the 
Board of Trustees shall fix the value of that part of the 
compensation not paid in money. 

Beginning July 1, 1967, the provisions of this Subsection 
shall apply to members who retired prior to January 1, 
1959, as well as to those who retired on or after that date. 

C(14)] (12) "Annuity" sh,all mean payments for life 
derived from the "accumulated contributions" of a member. 

[(15)3 (^^) 'Tensions" shall mean payment for life 
derived from money provided by the City of Baltimore. 

[(15) (a) 3 (13) (a) All retirement allowances or other 
benefits which are calculated on an annual basis shall 



ORDINANCES 163 

be payable for each day in a year in such periodic install- 
ments as may be determined from time to time by the 
Board of Estimates to be in conformance with prevailing 
payment practices for active municipal employees and such 
daily allowances shall be computed by dividing the annual 
allowance by 365. 

[(16)3 (lU) "Retirement" shall mean withdrawal 
from active service with a retirement allowance granted 
under the provisions of this subtitle. 

[(17)3 ^(15) "Retirement Allowance" shall mean the 
sum of "annuity" and the "Pension". 

[(18)3 (^^) "Annuity Reserve" shall me^n the pres- 
ent value of all payments to be made on account of any 
annuity or benefit in lieu of any annuity computed upon 
the basis of such mortality tables as shall be adopted by 
the Board of Trustees and regular interest. 

[(19)3 (^'^) "Pension Reserve" shall mean the pres- 
ent value of all payments to be made on account of any 
pension or benefit in lieu of any pension computed upon the 
basis of such mortality tables as shall be adopted by the 
Board of Trustees and regular interest. 

Sec. 3. And he it further ordained, That Subsection 
(d) of Section 4 of Article 22 of the Baltimore City 
Code (1966 Edition) as amended, title "Retirement Sys- 
tems," subtitle "Employees' Retirement System," be and 
it is hereby repealed and reord^ained with amendments to 
read as follows : 

(d) Prior service certificates. Upon verification of the 
statement of service the Board of Trustees shall issue 
prior service certificates certifying to each member the 
length of service rendered prior to the first day of January 
nineteen hundred and twenty-six, with which he is credited 
on the basis of his statement of service. So long as mem- 
bership continues a prior service certificate shall be final 
and conclusive for retirement purposes as to such service, 
provided, however, that any member may, within one j^ear 
from the date of issuance or modification of such certifi- 
cate, request the Board of Trustees to modify or correct 
his prior service certificate. 



164 ORDINANCES Ord. No. 552 

When membership ceases such prior service certificate 
shall become void. Should the employee again become a 
member, such employee shall enter the system as an em- 
ployee not entitled to prior service credit except as pro- 
vided in Section 6, Subsection (g), paragraph [2] 1 and 
6(k) (2) of this Article. 

Sec. 4. And he it further ordained, That Subsections 
(a)(1), (b)(2), (b)(3), (b)(4), (b)(5), (b)(6), (c), 
(d)(2), (h)(1) and (k) (2) of Section 6 of Article 22 of 
the Baltimore City Code (1966 Edition), as amended, title 
"Retirement Systems," subtitle "Employees' Retirement 
System,'' be and they are hereby repealed and reordained 
with amendments to read as follows : 

6. Benefits. 

(a) Service Retirement Benefits. (1) Any member in 
service may retire upon his written application to the Board 
of trustees setting forth at wh^t time, not less than thirty 
days nor more than ninety days subsequent to the execu- 
tion and filing thereof, he desires to be retired, provided 
that the said member at the time so specified for his re- 
tirement shall have attained the age of sixty or shall have 
[rendered] acquired thirty years of [creditable] service 
[^s an employee] and notwithstanding that, during such 
period of notification, he may have separated from service. 

(b) Allowance on service retirement. Upon retirement 
from service a member shall receive a service retirement 
allowance which shall consist of : 

(1) An annuity which shall be the actuarial equivalent 
of his accumulated contributions at the time of his retire- 
ment ; and 

(2) A pension, in addition to his annuity, which shall 
be equal to one one-hundred-twentieth of his average final 
compensation in the case of Class A members and one one- 
hundred-thirtieth of his average final compensation in the 
case of Class B members, multiplied by the number of 
years of his service since [he last became a member;] 
January 1 , 1 926 ; and 

(3) If he has been credited with prior service, [a prior 
service certificate in full force and effect, an additional] 



ORDINANCES 165 

a supplemental pension which shall be equal to one-sixtieth 
of his average final compensation in the case of Class A 
members and one sixty-fifth in the case of Class B members, 
multiplied by the number of years of such prior service; 
[certified on his prior service certificate ;] and 

[(4) If the member has credit for membership service 
rendered prior to January 1, 1954, ^n additional pension 
equal to the difference between the pension allowable under 
paragraph (2) above for such service and one one-hundred- 
fortieth of average final compensation multiplied by the 
number of years of such service ;] 

[(5) Provided, however, that if at the time of retire- 
ment the member has not attained the age of sixty, the 
pension and additional pension, if any, shall be payable at 
retirement and shall be the actuarial equivalent at that time 
of a pension and additional pension payable at the age of 
sixty in the amounts computed as provided in (2), (3) and 
(4) above; or such member may elect at the time of 
retirement to have his service retirement allowance deferred 
to commence upon the attainment of the age of 60, in 
which event the annuity shall be the actuarial equivalent 
of his accumulated contributions at that age, and the pen- 
sion or pensions under (2), (3) and (4) above shall be in 
the amounts computed as therein provided.] 

[(6) Notwithstanding anjrthing in this subtitle to the 
contrary, if ^t the time of retirement prior to April 1, 1959, 
a member is age sixty or older, or has 35 years of service 
and the pension then provided on account of his years of 
membership service prior to April 1, 1959, is greater than 
the annuity resulting from the member's contributions for 
membership service prior to such date based on his normal 
rate of contribution at the time of entrance into member- 
ship with the interest thereon, a supplemental pension equal 
to the difference between such pension and such annuity 
shall be payable on and after April 1, 1959.J 

(^) [Notwithstanding anything in this Article to the 
contrary,] // at the time of retirement [on or after April 
1, 1959, a member is age sixty or older, or has 35 years 
of service, and the retirement allowance consisting of] the 
annuity determined in accordance tvith Section 6(h)(1) 



166 ORDINANCES Ord. No. 552 

resulting from the member's contributions for [member- 
ship] service [and the pension] is less than the pension 
resulting from the member's years of service determined 
in accordance with [paragraphs (2), (3) and (4) above 
for a Class A member is less than one-sixtieth of average 
final compensation for each year of creditable service or 
for a Class B member is less than one sixty-fifth of average 
final compensation for each year of creditable service,] 
Section 6(b)(2) a supplemental pension equal to [such] 
the difference between the tivo shall be payable[.] ; pro- 
vided, hoivever, that as to any person tvho becomes a mem- 
ber of this Retirement System after the effective date of this 
ordinance, and tvho elects to discontinue contrihutio7is in 
accordance with the provisions of Section 8(a)(2), the 
supplemental pension herein provided shall be reduced by 
the actuarial equivalent of those contributions ichich had not 
been made, with interest, to the date of retirement. 

The additional annuity provided as the result of voluntary 
contributions permitted under [the Pension Ordinance and 
its amendments] Section 8(a) (4-) shall be payable and 
shall not be used in determining [the] this supplemental 
pension, if any, payable under this subdivision, nor in de- 
termining the disability pension under Section 6, subsection 
(d). 

Beginning ivith the effective date of this ordinance the 
benefits provided in this subsection shall be applicable to 
former members tvho retired prior to said effective date, 
and their beneficiaries, as tvell as to those members who 
subsequently retire on or after that date. 

(5) Provided, hoivever, that if at the time of retire- 
ment the member has not attained the age of sixty, the 
pension in -f^ and Gupplcmonta ^ p ens io ns in -fS-)- €hnd -fJr)- 
if wmh shall be payable «4 9^ Urc77i6nt €bnd shoM be reduced 
^ ihe actuarial equivalent €hi ^kM time o/ a, pension emd 

u i\- jj 2' *^ \^ I'V" Tz U\,tf/ j^ \J I i-u t\' I vu y r™ \aj 1 1 ij y /^ ^^ u ^^ *^ ^^^ w w ~rrT7 T.t'\^ u \/ j crCtAj V'tf 

T Tv C/ r C " \t TrVTy tVft t/O \J" frVjJ tvUl^LV ttTCT ^i \J X/ r\,~\yLV t TC \ ^ J y \ " / \-VTZxV \ ^ / T 

AND SUPPLEMENTAL PENSIONS, IF ANY, PAYABLE 
AT RETIREMENT SHALL BE (I) THE ACTUARIAL 
EQUIVALENT OF THE PENSION IN SECTION 6(B) 
(2) PLUS (II) THE ACTUARIAL EQUIVALENT OF 
THE SUPPLEMENTAL PENSION IN SECTION 6(B) 



ORDINANCES 167 

(3) PLUS (III) IF THE ANNUITY IN SECTION 6(B) 
(1) IS LESS THAN THE PENSION IN (I) A SUPPLE- 
MENTAL PENSION EQUAL TO SUCH DIFFERENCE; 

or such member may elect at the time of retirement to 
have his service retirement alloivance deferred to commence 
upon the attainment of the age of sixty, in which event the 
annuity shall be the actuarial equivalent of his accumulated 
contributions at age sixty, and the pensions payable shall 
be in the amounts computed as provided in (2), (3) and 
(h). 

[The payment of the supplemental pensions provided 
herein shall be provided for in its annual Ordinance of 
Estimates by the Mayor and City Council of Baltimore and 
annual payments shall be made by the Mayor and City 
Council of Baltimore to the aforesaid Retirement System of 
the amounts required to meet the current disbursements for 
such supplemental pensions.] 

(c) Ordinary disability retirement benefit. Upon the 
application of a member in service or of the head of his 
department, anj^ member who has [had] acquired five or 
more years of [creditable] service may be retired by the 
Board of Trustees, not less than thirty and not more than 
ninety days next following the date of filing such applica- 
tion, on an ordinary disability retirement allowance, pro- 
vided that the medical board, after a medical examination 
of such member, shall certify that such member is mentally 
or physically incapacitated for the further performance 
of duty, that such incapacity is likely to be permanent, 
and that such member should be retired. 

(d) Allowance on ordinary disability retirement. Upon 
retirement for ordinary disability a member shall receive 
a service retirement allowance if he has attained the age of 
sixty; otherwise he shall receive an ordinary disability re- 
tirement allowance which shall consist of : 

(2) A pension which, together with his annuity, shall 
provide a total retirement allowance equal to ninety per 
centum of one-sixtieth of his average final compensation in 
the case of Class A members and ninety per centum of one 
sixty-fifth in the case of Class B members, multiplied by 
the number of years of his [creditable] service, if such 
retirement allowance exceeds one quarter of his average 



168 ORDINANCES Ord. No. 552 

final compensation; otherwise a pension which, together 
with his Annuity, shall provide a total retirement allowance 
equal to ninety per centum of one-sixtieth of his average 
final compensation in the case of Class A members and 
ninety per centum of one sixty-fifth in the case of Class B 
members, multiplied by the number of years which would 
be creditable to him were his service to continue until the 
attainment of age sixty, so far as the resulting total retire- 
ment Allowance shall not exceed one-quarter of his average 
final compensation. 

(h) Ordinary death benefit. Upon the receipt of pro- 
per proofs of the death of a member in service there shall 
be paid to his estate or to such person as he shall have 
nominated by written designation duly executed and filed 
with the Board of Trustees, 

(1) His accumulated contributions And, if the member 
has [had] acquired one or more years of [creditable] 
service, and no pension be payable under the provisions of 
Subsection (i) of this section, in addition thereto, 

(k) Optional allowances. (1) Any member who is en- 
titled to a disability or service allowance under the provi- 
sions of this subtitle m^y elect to receive the maximum 
amount of such allowance or he may elect to receive the 
actuarial equivalent of such allowance, computed as of the 
effective date of retirement, in a lesser amount payable 
throughout life in accordance with the following provisions : 

(2) Notwithstanding anything to the contrary in this 
subtitle, should a member be removed from a regular per- 
manent position of the City without fault upon his part, 
or should a member appointed or elected for a fixed term 
not be reappointed or re-elected, after the [completion] 
acquisition of twenty years of [creditable] service [and the 
attainment of age fifty, or after the completion of twenty- 
five years of creditable service regardless of age,] such 
member may elect, in lieu of the withdrawal of his accumu- 
lated contributions, to have such contributions paid to him 
in an .annuity of equivalent actuarial value, in which ovon 
EVENT he shall also be paid a pension equal to the ordinary 
disability pension th,at w^ould have been payable at such 
time had he been retired on an ordinary disability retire- 
ment. 



ORDINANCES 169 

Notwithstanding anything to the contrary in this sub- 
title, should a member leave service for the reasons de- 
scribed in the above paragraph, with less than twenty years 
of service, but after the [completion] acquisition of five 
years of service [and the attainment of ^ge forty-five], 
such member may elect to have his contributions remain 
in the system, while no longer in service, and on the attain- 
ment of age sixty, receive an annuity which is the actuarial 
equivalent of such contributions and a pension computed as 
if the member had been age sixty on the date of separa- 
tion from service. Should a member[,] so electing die 
before attaining age sixty, the aamount AMOUNT of his 
accumulated contributions shall be paid to his estate or such 
person as he shall have nominated by written designation 
duly executed and filed with the Board of Trustees. [The 
Board of Estimates of the Mayor and City Council of Balti- 
more shall provide for and pay to the Retirement System for 
the purpose of paying such pensions the additional amount 
so required. The payment of all such pensions and the 
continued payment of such pensions shall be contingent on 
the payment annually by the Mayor and City Council of 
Baltimore of the additional amount so required to meet the 
current disbursement of such pensions.] Should such a 
beneficiary be restored to active service, his retirement al- 
lowance shall cease, he shall again become a member of 
the Retirement System, and he shall contribute there- 
after at the same rate he paid [prior to] before his re- 
tirement; provided, however, that should such beneficiary 
be appointed or elected to any office, the salary or com- 
pensation of which is paid by the City, his retirement al- 
lowance shall cease, and he may again become a member 
of the Retirement System and shall contribute thereafter 
at the same rate he paid [prior to] before his retirement. 
Any prior service certificate on the basis of which his service 
was computed at the time of his retirement shall be restored 
to full force and effect, and in addition upon his subsequent 
retirement he shall be credited with all his service as a 
member .7 provided his pension upon s«eh subsequent rotiro - 
mont s hall ftet oxcqo 4 the pension he ¥,^as rocoiving [prior 
te^ bcforo restoration ^kis B^ieh peiisiofi as may have a€- 
cruod eft accou nt el his [membership] service a fto ^ ^es- 
toration. - 



170 ORDINANCES Ord. No. 552 

Sec. 5. And be it further ordained, That a new Sub- 
section (n) be added to Section 6 of Article 22 of the 
Baltimore City Code (1966 Edition) as amended, title "Re- 
tirement Systems/' subtitle "Employees' Retirement Sys- 
tem" to follow immediately after Subsection (m) of Sec- 
tion 6 of said Article and to read as follows : 

■fn}- MiniMhum Bcnofite fm^ Rotiroco emd Benefic i aries. 

jl3 tvUj UOv v(J V TV (JjkHaj H(ji> tlj ttv tvftdf v tffv tviXib bxjrtv j^tt" tuvh Vi Tj OCbrS 

^f- service emd certain other income here i nafte r- &et forth y 
any- member who k€h& been r^^irsd wUh thirty (SO) years m^ 

II VKJ I \J ^^J U l> i V t\J Lx - \JJ I VKV VU I VIJ TTT / KyUU uT^VT uKJ^ W I UVtV L/flc^XJItV KVWKJ t^lAJ rttjty 
XJ tv VI Vi^ VWITV CrCTT^ \J yy J U J U VlViJ ^ JJ '^'~>V v W KA/IA.'VV UJ fTcTO" Ut IXI t fTUJ ItfjV , 

p jy nil fvn nn^rfi p /I'/vi lAuiiXL f\f. " T^ fvr>+'^n/>/^/vi'^ ni^4- 1\ n'i'x n-fj-hn n /vi rl ctni/v\nnl /^ 
VIVWVV T WU'CU Xjy LI V WTTtV W /" lA/VV I \^Vvl KJ I IV\y IVU LfU rtUJoW cTTTtv V tllJl^W 

/VT/| nvt4-n 7 /v>/^of/wi /iriA-f-n nn /vrt/^y^ r\ii ol^i /v-»/v/->/ii^*/^ /o/7 4 r\r\.-> /v n-j- ^ n,'' nnc* lr\ni 4-ln n n 

II ii\j I vvxx'v [JiMij rrtvrvvo jt i V' v tu wvvij jjt \jutiv\y\v j ^' ' t wvr uuo u y vrv iv 
V w(J V ivvU zbrcTV tt^ ajCf^fUjlJf HJjvrjOfv OJ vtvli IvJ. tvyOt tvrttb fcr v b t/' \jOitrt 

^ilj a mvnim/ i im total r^Urs ment benefit «4 ihs ^a^ of Four 
Thousand Dolla/rs ($Jf-,000) pe^ a nnum. Subject io iks 4e- 

vtTv L/ V tXTiC^ vv/C'Vv Vt/rTV iTVV^V t\/ rVCJ T "" f" CJO VTT^ T^"vvT O "j 'Ul^ i V l\J\J XaJi VK^ 

certa im^ othe r incom -e hereinafte r &ei forth, €bny surviving 
be nefic iwfy- of a membe r who h€bd been retired wUh ihiriy 

\ fj \J y ly iJXA/i U \J t TrV" T " \Tj UU f 17 utJx^ J tvTTTX' VU i V\/ uTTTTTT^TTjVuTITTJTUv^^ vut^v^vt/^ 

which bcnefici a/ry is receiving a retirement alloioance on 
the laM day before ^ho e ffective dMo of ihis ordinance, shall 
r eceive, m li^u of oM retirement b enefits and mipplemcntal 
payments previously provided for beneficiaries by this mib- 

VVVVVy TVTTXXf TTw \.V hf fj T \J ff t tXATVt/X^ TV " j VrVfJ XfX vv C/ l7 T tX'/vLv ^^ C U t^ W \J Vvf c/^> vi/ ^ 

($2,000) psr a nnum. S- ubject to ihe same deduct ions €hnd 

vviiv ivvvvvu r toy ivrttj cjtvr i/ tv trvy i/tj rtvjvijtwT if uj xv ii vi^ t ivLf \^ i w ivu 

became eligible te receive the Four Thousand Dollars 
($Jf>,000) min imum total r etirement benefit aforesai d , shall 
upon his death receive, in lieu of aU retiremen t benofi^ts emd 
mbpplemental payments previo us ly provided for bene fid- 

/y/y*o/^f> J^^i ■All /To c* nt J^-f-^^1 ri r^/i/i/l J~ \o t /7/ y>T>'T* iOT>^7<0f/''?Yi4? Ht f.nf\ 111 n.^lf)^ 

\X)T t tJCT TTtY JTrVTrCr VT tV \TU tV VT7 rTTTTTv TTT^^ \X [J £J T \J j^ i l\AJV V\J i V \^ j vTUT7 jltj. ^-^ *J ^^ ' 

€md Gity Counc il of Balt im o r oy a m inimum benefit «4 the 
roTto of 5^**^ Thousand Dollars -($^ ,000) per a nwiim. Such 
payments shall be subject te the following deductions emd 

■(4r)- ¥he minimu/tn benefit provided fer hereunder shall 
in no ev en t exceed the maximum salary payable e mployees 



ORDINANCES 171 

holding comparablo poeitione mh ihe cffoctivo eMe o/ ihis 

■f2^ Thie Giibeootion chall no^ be applicablo ^ €h bono 
fioiary who^ roooivod a lump mmh benefit inetoad o^ a retire 

TTVTTTVU (mvIiU iV U/ft/ VU ) 

■fS^ In ihe event Uha4 ihe retired m^ doceaced member 
with roGpeet ^ tvhoGO G - ervie o ihe retirement eU lowanco is 
pehid h€h4 le&a than thirty (SO) yearG o/ Gorvico, Guch mini ■ 
mum total reti rement benefit payable ie the retiree e^ hie 
beneficiary^Ghall be reduced by- o n e thi r ti eth (1/SO) e^ the 
decimal p roportion there of- f^^ each year ef Gervice lese 

VTVWTC VfVVT V fj \\J\J J T^ VtT? I O ^ 

■f:^ In the e vent t hat the ^^^vmd memb er m^ his ben- 
e ficiary is ga infully employed and/or is entitled te Social 
Security benefits ^ Giich mi nimum retirement benefit Ghall 
be reduced by euch ee mbined amount en €b dollar fe^ dollar 

($1,000) pe^ €mnumT ¥he retiree e^ hie be neficiary Ghall 
Gubmit am ittally, en €b fe^fw, a pproved by- the Boa r d ef 
TruGteoG, a s igned Gtatement Getting forth hie total income. 
Sueh Gtatement Ghall reflect the i nc o me, if €hmfy reported 
by G€hi4 retiree er beneficiary te the United State e Interna l 
Reven ue Service. ¥he execution ef eebid fe^rwb by- a retvres 
e^ bonefi ^i€bry ehetU have the Game effect as a Gt at em ent 
Gworn te by hinh before €h notary publ isr Should emy retiroo 
e^ bcnefic ia^n/- feM te Gubmit eeM s igned Gtatemen tj he Ghall 
net be entitled te the mm imiim income benefit provided 

"h.fWP.l'yi XLniSJ. ^ ^ T\ rt ct /o/^/i/n/v>7/i*/->y7 n/vt rl Trt n ctT> /ylJ T\ n nrvt-f-^-i-l nrl ■/■/-> 
11.' v/* \j ijiv 1/1/ 1 1/ U tv iV\J I VUJU \y U f rV yj V tl^'LVi \aJi VW fVtJ fjl VXXfW KJ U \J i VUtVv K^xA) V\J 

I \yKJ\Jt iru vrvfj otvrrti} uiffvutvttu vvtr w it tr ujjj jjvt uvtutu vu Tvuttv tttt vtvv 

I " n+ H nn I /y>/v»/o/»/o/7/i/i/i /^ -f-Ti/^ <o-ff o />■/•/! /n /o /-7 /^ 4- n /-> + -f-T^ t ct /-t/v»/-7^ vt n ^v^ yty> 
I^WU l> IVi'. IJ J^ > K^V\JkV ^ ItlJ VtVfJ ^JJ VUVt t/V tFW^T? fJJ VtVtV \J T UUtf tAX' ftW. 

In ne event Ghall ebny- retiree e^ beneficiary receive less 
than a fi/^?e pe^ eent (5%) increaGC above the 'Fate ef the 

f.fif.fil. n/y}'V}^jnJ. ^ /?f/^^p/yy} p^f" 1 i^^ o' Ri' "^^ ^'^ h /i ^'^^ ^ /i*r>/^y^^n^ ^*/v> n ajj^iilji-yi 

the provicionG ef thie s ubtitle emd by appropriation ef the 
Mayor emd Qity Counc Hj en the last de^ before the effective 

\ju\^\j\y \J ] I) I V V\J U r XA/trH.VrtiyU y WtVlVtV tlJ fttVV IJtJTtVJVVV W tVtrJtV tfVlttj \7\i 

come payable te retirecG e^ bene ficiarioG by virtue ef other 
GectioHG ef this article shall be included in the defin itien ef 

Provided f urther, thM the provisionG hereof shall net 
affect the duration ef the period during which the bone 



172 ORDINANCES Ord. No. 552 

fioiary W€he ontitlod ie rocoivo bonofite under other prom 

6. 

(N) MINIMUM BENEFITS FOR RETIREES AND 
BENEFICIARIES. 

(1 ) SUBJECT TO THE CONDITIONS, DED UCTIONS 
AND LIMITATIONS HEREINAFTER SET FORTH, ANY 
MEMBER WHO HAS BEEN RETIRED AND WHO IS 
ENTITLED TO RECEIVE PERIODICALLY PAID RE- 
TIREMENT BENEFITS, INCLUDING SUPPLEMENT- 
AL PAYMENTS, ON THE DAY IMMEDIATELY PRE- 
CEDING THE EFFECTIVE DATE OF THIS ORDI- 
NANCE, REGARDLESS OF WHAT BASIS WAS USED 
FOR CALCULATING THE BENEFITS AND EVEN 
THOUGH THE BENEFITS MAY HAVE BEEN INCOR- 
RECTLY DETERMINED, SHALL RECEIVE A MINI- 
MUM TOTAL RETIREMENT BENEFIT OF $J,,000 PER 
ANNUM IN LIEU OF ANY LESSER RETIREMENT 
BENEFITS, INCLUDING SUPPLEMENTAL PAY- 
MENTS, WHICH SUCH RETIREE WAS ENTITLED TO 
RECEIVE ON THE DAY IMMEDIATELY PRECEDING 
THE EFFECTIVE DATE OF THIS ORDINANCE. 

(2) SUBJECT TO THE CONDITIONS, DEDUCTIONS 
AND LIMITATIONS HEREINAFTER SET FORTH, ANY 
SURVIVING BENEFICIARY OF A MEMBER WHO WAS 
RETIRED AND SUBSEQUENTLY DIED BEFORE THE 
EFFECTIVE DATE OF THIS ORDINANCE, AND WHO 
(BENEFICIARY) IS ENTITLED TO RECEIVE PERI- 
ODICALLY PAID RETIREMENT BENEFITS, INCLUD- 
ING SUPPLEMENTAL PAYMENTS, ON THE DAY IM- 
MEDIATELY PRECEDING THE EFFECTIVE DATE OF 
THIS ORDINANCE, REGARDLESS OF WHAT BASIS 
WAS USED FOR CALCULATING THE BENEFITS AND 
EVEN THOUGH THE BENEFITS MAY HAVE BEEN 
INCORRECTLY DETERMINED, SHALL RECEIVE A 
MINIMUM TOTAL RETIREMENT BENEFIT OF $2,000 
PER ANNUM IN LIEU OF ANY LESSER RETIRE- 
MENT BENEFITS, INCLUDING SUPPLEMENTAL 
PAYMENTS, WHICH SUCH BENEFICIARY WAS EN- 
TITLED TO RECEIVE ON THE DAY IMMEDIATELY 



ORDINANCES 173 

PRECEDING THE EFFECTIVE DATE OF THIS ORDI- 
NANCE. 

(3) SUBJECT TO THE CONDITIONS, DEDUCTIONS 
AND LIMITATIONS HEREINAFTER SET FORTH, ANY 
BENEFICIARY WHO BECOMES ELIGIBLE FOR PERI- 
ODICALLY PAID RETIREMENT BENEFITS AS A RE- 
SULT OF THE DEATH OF A RETIRED MEMBER 
WHICH DEATH OCCURS AFTER THE EFFECTIVE 
DATE OF THIS ORDINANCE, AND WHICH RETIRED 
MEMBER. WAS ENTITLED TO RECEIVE PERIOD- 
ICALLY PAID RETIREMENT BENEFITS, INCLUD- 
ING SUPPLEMENTAL PAYMENTS, ON THE DAY 
IMMEDIATELY PRECEDING THE EFFECTIVE DATE 
OF THIS ORDINANCE, REGARDLESS OF WHAT 
BASIS WAS USED FOR CALCULATING THE DE- 
CEASED RETIRED MEMBER'S BENEFITS, AND 
EVEN THOUGH THE BENEFITS MAY HAVE BEEN 
INCORRECTLY DETERMINED, SAID BENEFICIARY 
OF THE DECEASED RETIRED MEMBER SHALL RE- 
CEIVE A MINIMUM BENEFIT OF $2,000 PER ANNUM 
IN LIEU OF ANY LESSER RETIREMENT BENEFITS, 
INCLUDING SUPPLEMENTAL PAYMENTS. 

(U) THE MINIMUM BENEFIT OF $U,000, FOR A RE- 
TIRED MEMBER PROVIDED IN SUBSECTION (1) 
AND THE MINIMUM BENEFIT OF $2,000 FOR ANY 
SURVIVING BENEFICIARY OF A DECEASED RE- 
TIRE MEMBER PROVIDED FOR IN SUBSECTIONS (2) 
AND (3) SHALL BE SUBJECT TO THE FOLLOWING 
CONDITIONS, DEDUCTIONS AND LIMITATIONS: 

(A) SAID MINIMUM BENEFIT OF $J,,000 PRO- 
VIDED FOR ANY RETIRED MEMBER SHALL IN NO 
EVENT EXCEED THE MAXIMUM SALARY, EXCLUD- 
ING LONGEVITY PAY, LIFE, MEDICAL AND HEALTH 
INSURANCE PREMIUMS PAID BY THE CITY, AND 
OTHER LIKE BENEFITS PAID BY THE CITY, PAY- 
ABLE ON THE EFFECTIVE DATE OF THIS ORDI- 
NANCE, TO EMPLOYEES HOLDING POSITIONS COM- 
PARABLE TO THE POSITION HELD BY THE RE- 
TIRED MEMBER IMMEDIATELY BEFORE HIS RE- 
TIREMENT; 



174 ORDINANCES Ord. No. 552 

(B) SAID MINIMUM BENEFIT OF $2,000 PRO- 
VIDED FOR ANY BENEFICIARY OF A DECEASED 
RETIRED MEMBER SHALL IN NO EVENT EXCEED 
ONE-HALF THE MAXIMUM SALARY, EXCLUDING 
LONGEVITY PAY, LIFE, MEDICAL AND HEALTH 
INSURANCE PREMIUMS PAID BY THE CITY, AND 
OTHER LIKE BENEFITS PAID BY THE CITY, PAY- 
ABLE ON THE EFFECTIVE DATE OF THIS ORDI- 
NANCE, COMPARABLE TO THE POSITION HELD BY 
THE DECEASED RETIRED MEMBER IMMEDIATELY 
BEFORE HIS RETIREMENT: 

(C) IN THE EVENT THAT A RETIRED MEMBER 
OR DECEASED RETIRED MEMBER HAD LESS THAN 
THIRTY (30) YEARS OF SERVICE, THE AFORESAID 
MINIMUM TOTAL RETIREMENT BENEFITS OF $Jf,000 
PAYABLE TO A RETIRED MEMBER AND THE MINI- 
MUM TOTAL RETIREMENT BENEFITS OF $2,000 
PAYABLE TO ANY BENEFICIARY OF ANY DE- 
CEASED RETIRED MEMBER, SHALL BE REDUCED, 
PRO RATA, BY EACH YEAR AND THE DECIMAL 
PROPORTION OF A YEAR OF SERVICE LESS THAN 
THIRTY (30) YEARS; 

(D) IN THE EVENT THAT ANY UNMARRIED RE- 
TIRED MEMBER OR ANY MARRIED RETIRED MEM- 
BER AND HIS SPOUSE HAVE EARNED INCOME OR 
ARE ENTITLED TO RECEIVE SOCIAL SECURITY 
BENEFITS, OR BOTH, THE TOTAL MINIMUM RE- 
TIREMENT BENEFITS OF $4,000 PROVIDED FOR A 
RETIRED MEMBER SHALL BE REDUCED BY THE 
SUM OF BOTH THE EARNED INCOME AND SOCIAL 
SECURITY ENTITLEMENT OF ANY UNMARRIED RE- 
TIRED MEMBER OR ANY MARRIED RETIRED MEM- 
BER AND HIS SPOUSE, ON A DOLLAR FOR DOLLAR 
BASIS UP TO A MAXIMUM REDUCTION OF ONE 
THOUSAND DOLLARS ($1,000) PER ANNUM. 

IN THE EVENT THAT A DECEASED RETIRED 
MEMBER'S BENEFICIARY HAS EARNED INCOME 
OR IS ENTITLED TO RECEIVE SOCIAL SECURITY 
BENEFITS, OR BOTH, THE MINIMUM RETIRE- 
MENT BENEFIT OF $2,000 PROVIDED FOR A BENE- 
FICIARY SHALL BE REDUCED BY THE TOTAL OF 



ORDINANCES 175 

BOTH ANY EARNED INCOME AND SOCIAL SECU- 
RITY ENTITLEMENT ON A DOLLAR FOR DOLLAR 
BASIS UP TO A MAXIMUM REDUCTION OF ONE 
THOUSAND DOLLARS ($1,000) PER ANNUM. 

SOCIAL SECURITY ENTITLEMENT SHALL IN- 
CLUDE NOT ONLY SOCIAL SECURITY BENEFITS 
WHICH ARE ACTUALLY BEING COLLECTED BY THE 
THE RETIRED MEMBER, SPOUSE OR BENEFICIARY, 
BUT SHALL ALSO INCLUDE THE AMOUNT THAT 
THE RETIRED MEMBER, SPOUSE OR BENEFICIARY 
FIRST QUALIFIED FOR BY REASON OF AGE OR 
OTHER CIRCUMSTANCES, PLUS ANY INCREASES OF 
ANY KIND IN SOCIAL SECURITY BENEFITS, EVEN 
THOUGH NO APPLICATION HAS BEEN ACTUALLY 
MADE FOR THE RECEIPT OF THESE BENEFITS. 

EARNED INCOME SHALL MEAN WAGES, COMMIS- 
SIONS, OR OTHER COMPENSATION RECEIVED BY 
ANY RETIRED MEMBER, SPOUSE OR BENEFICIARY 
FOR SERVICES RENDERED IN THE CAPACITY OF 
AN EMPLOYEE OR SELF-EMPLOYED, WHICH WAS 
PAID TO THEM IN CONSIDERATION FOR ANY SERV- 
ICES RENDERED. IT SHALL NOT INCLUDE INTER- 
EST INCOME, DIVIDEND INCOME OR ANY OTHER 
UNEARNED INCOME WHICH WAS PAID TO THE RE- 
CIPIENT WITHOUT SERVICES BEING RENDERED. 

EVERY RETIRED MEMBER SHALL SUBMIT, BE- 
FORE MAY 1ST OF EACH YEAR, ON A FORM AP- 
PROVED BY THE BOARD OF TRUSTEES, A SIGNED 
STATEMENT SETTING FORTH THE TOTAL EARNED 
INCOME AND THE TOTAL SOCIAL SECURITY BENE- 
FIT ENTITLEMENT OF THE RETIRED MEMBER AND 
HIS SPOUSE, IF ANY, FOR THE IMMEDIATELY PRE- 
CEDING CALENDAR YEAR. 

EVERY BENEFICIARY OF A DECEASED RETIRED 
MEMBER SHALL SUBMIT BEFORE MAY 1ST OF 
EACH YEAR ON A FORM APPROVED BY THE BOARD 
OF TRUSTEES, A SIGNED STATEMENT SETTING 
FORTH THE TOTAL EARNED INCOME AND THE 
TOTAL SOCIAL SECURITY BENEFIT ENTITLEMENT 
OF THE BENEFICIARY FOR THE IMMEDIATELY 
PRECEDING CALENDAR YEAR. 



EM 



176 ORDINANCES Ord. No. 552 

THE SAID FORM AND ITS CONTENTS COMPLETED 
BY A RETIRED MEMBER OR A DECEASED RETIRED 
MEMBER'S BENEFICIARY SHALL BE CERTIFIED 
AND SWORN TO BEFORE A NOTARY PUBLIC. 
SHOULD ANY RETIRED MEMBER OR A DECEASED 
RETIRED MEMBER'S BENEFICIARY FAIL TO SUB- 
MIT SAID SIGNED STATEMENT AS REQUIRED, 
THEY SHALL NOT BE ENTITLED TO THE AFORE- 
SAID MINIMUM INCOME BENEFIT PROVIDED IN 
THIS SUBSECTION UNTIL THEY HAVE COMPLIED. 
HOWEVER, THEY SHALL BE ENTITLED TO RECEIVE 
THE SAME BENEFITS AS THEY WERE ENTITLED 
TO RECEIVE ON THE DAY IMMEDIATELY PRECED- 
ING THE EFFECTIVE DATE OF THIS ORDINANCE. 

(E) IN NO EVENT SHALL ANY RETIRED MEM- 
BER OR A DECEASED RETIRED MEMBER'S BENE- 
FICIARY RECEIVE LESS THAN A FIVE PERCENT 
(5%) BENEFIT INCREASE, EXCEPT THOSE ELIGI- 
BLE FOR THE AFORESAID $J,,000 OR $2,000 MINIMUM 
BENEFITS, RESPECTIVELY, AND THOSE WHO HAVE 
NOT FILED THE STATEMENTS IN ACCORDANCE 
WITH THE PROVISIONS OF SUBSECTION (N)(J,)(D), 
OVER AND ABOVE THE AMOUNT OF THE TOTAL 
ANNUAL RETIREMENT BENEFITS, INCLUDING SUP- 
PLEMENTAL PAYMENTS, THAT THEY WERE EN- 
TITLED TO RECEIVE UNDER THE PROVISIONS OF 
THIS SUBTITLE ON THE DAY IMMEDIATELY PRE- 
CEDING THE EFFECTIVE DATE OF THIS ORDI- 
NANCE. 

(F) THE BASIS TO BE USED IN DETERMINING THE 
ELIGIBILITY FOR AND THE COMPUTATION OF THE 
NEW MINIMUM TOTAL RETIREMENT BENEFITS 
PROVIDED BY THIS SUBSECTION 6 (N) SHALL BE, 
THE TOTAL ANNUAL RETIREMENT BENEFITS, IN- 
CLUDING SUPPLEMENTAL PAYMENTS, ON THE 
DAY IMMEDIATELY PRECEDING THE EFFECTIVE 
DATE OF THIS ORDINANCE, USED TO CALCULATE 
PERIODIC PAYMENTS DUE A RETIRED MEMBER OR 
A DECEASED RETIRED MEMBER'S BENEFICIARY 
ON THE LAST PAYROLL PERIOD IMMEDIATELY 
PRECEDING THE EFFECTIVE DATE OF THIS ORDI- 
NANCE, REGARDLESS OF THE BASIS USED FOR 



ORDINANCES 177 

CALCULATING THE BENEFITS AND EVEN THOUGH 
THE BENEFITS MAY HAVE BEEN INCORRECTLY 
DETERMINED, 

HOWEVER, IF THE TOTAL ANNUAL BENEFITS, 
INCLUDING SUPPLEMENTAL PAYMENTS, USED IN 
CALCULATING THE PERIODIC PAYMENTS ARE 
LESS THAN THOSE WHICH WOULD HAVE BEEN 
PAID TO THE RETIRED MEMBER OR THE DE- 
CEASED RETIRED MEMBER'S BENEFICIARY IF THE 
NEW DEFINITION OF ''SERVICE'' UNDER THIS OR- 
DINANCE^ WERE IMPLEMENTED, THEN THE 
LESSER RETIREMENT BENEFITS ARE TO BE RE- 
CALCULATED IN CONFORMITY WITH THE NEW 
DEFINITION OF ''SERVICE" AS PROVIDED FOR UN- 
DER THIS ORDINANCE, BEFORE DETERMINING 
THE ELIGIBILITY FOR AND COMPUTATION OF THE 
$1^,000 MINIMUM FOR A RETIRED MEMBER AND THE 
$2,000 MINIMUM FOR A DECEASED RETIRED MEM- 
BER'S BENEFICIARY AND THE FIVE PERCENT (5%) 
MINIMUM GUARANTEE FOR A RETIRED MEMBER 
OR A DECEASED RETIRED MEMBER'S BENEFICI- 
ARY. 

(G) THIS SUBSECTION SHALL NOT BE APPLICA- 
BLE TO A BENEFICIARY WHO RECEIVED A LUMP 
SUM BENEFIT INSTEAD OF A PERIODICALLY PAID 
RETIREMENT ALLOWANCE. 

(H) THE TOTAL MINIMUM BENEFITS PROVIDED 
BY THIS SUBSECTION SHALL CEASE AT THE TIME 
THAT THE RETIRED MEMBER OR DECEASED RE- 
TIRED MEMBER'S BENEFICIARY IS NO LONGER 
ENTITLED TO RECEIVE A PERIODICALLY PAID 
PENSION, ANNUITY, OR BOTH, UNDER ANY OTHER 
SUBSECTION OF THIS SUBTITLE. IT IS FURTHER 
PROVIDED THAT THE TOTAL MINIMUM RETIRE- 
MENT BENEFITS GUARANTEE SO DISCONTINUED, 
WITH THE EXCEPTION OF J,(D) OF THIS SUBSEC- 
TION, SHALL NOT BE REINSTATED UPON ANY SUB- 
SEQUENT REEMPLOYMENT AND ELIGIBILITY FOR 
RETIREMENT AS A RESULT OF SUCH REEMPLOY- 
MENT. 



178 ORDINANCES Ord. No. 552 

(I) THIS SUBSECTION SHALL NOT BE APPLICA- 
BLE TO ANY SURVIVORS OF A RETIRED MEMBER 
WHO ELECTED TO RECEIVE MAXIMUM BENEFITS 
WITHOUT OPTIONAL MODIFICATION TO PROVIDE 
A PERIODICALLY PAID SURVIVORS BENEFIT. 

Sec. 6. And be it further ordained, That Section 12 of 
Article 22 of the Baltimore City Code (1966 Edition), as 
amended, title ''Retirement Systems/' subtitle "Employees' 
Retirement System," be and it is hereby repealed and re- 
ordained, with amendments to read as follows: 

12. Protection against fraud. 

Any person who shall knowingly make any false state- 
ment, or shall falsify or permit to be falsified any record 
or records of this retirement system in any attempt to de- 
fraud such system as a result of such act, shall be guilty 
of a misdemeanor, and shall be punishable therefor under 
the laws of the State of Maryland. Should any change or 
error in the records result in any member or beneficiary 
receiving from the retirement system more or less than 
he would have been entitled to receive had the records been 
correct, the Board of Trustees shall correct such error, and 
as far as practicable, shall adjust the payments in such 
a manner that the actuarial equivalent of the [benefit] 
payment to which such member or beneficiary was correctly 
entitled, shall be paid. Provided, hoivever, that any over- 
payments of beyiefits which have been made or which may 
he made prior to the effective date of this ordinance, by 
the retirement system as a result of administrative errors, 
ivith the exception of overpayments resulting from the fraud 
or deliberate misrepresentation of a beneficiary or potential 
beneficiary, are hereby waived to the extent that they have 
not been recovered by the system prior t^ BEFORE that 
date, and no request or demand for reimbursement thereof 
shall be made after the effective date of this ordinance upon 
any retired member or his benefidary ivho shall have re- 
ceived same. No request or demand shall be made upon the 
retirement system for the return of any such overpayments 
zvhich may have been recovered by the system prior ^ BE- 
FORE the effective date of this ordinance. 

Sec. 7. And be it further ordained. That Subsections 
(b) and (c) of Section 15 of Article 22 of the Baltimore 



ORDINANCES 179 

City Code (1966 Edition), as amended, title "Retirement 
Systems," subtitle ''Employees' Retirement System" be and 
they Are hereby repealed and reordained with amend- 
ments to read as follows : 

15. Special Classes of Members. 

(b) Waivers; service. Any eligible employee in service 
on June 1, 1939, shall become a member as of such date, 
unless or or before August 1, 1939, such employee shall 
file with thg Board of Trustees on a form prescribed by 
said Board a notice of his election not to be covered in the 
membership of the System and a duly executed waiver of 
^11 present and prospective benefits which would otherwise 
inure to him on account of his participation in the Retire- 
ment System. Any employee in service on June 1, 1939, 
and becoming a member as of that date, shall file a state- 
ment of all service as an employee rendered by him [prior 
thereto] before June 1, 1939. He shall be credited for all 
such service rendered prior to January 1, 1926, as vrior 
service, and for fifty per centum of such service rendered 
between January 1, 1926, and June 1, 1939, as [priorj 
service [, in a manner similar to that provided in Section 4 
of this article for City Employees entitled to prior service 
credit]. Members entitled to credit for such [prior] serv- 
ice may elect to pay to the Retirement System by a single 
payment or by an increased r^te of contribution, as may 
be approved by the Board of Trustees, the contributions, 
with interest which they would have paid had they been 
members between January 1, 1926, and June 1, 1939, in 
which event, upon the completion of the payment, they 
shall be credited for all such service between January 1, 
1926, and June 1, 1939, as if they h^d been members. 
[After June 1, 1939, all employees who are or become 
members shall be credited with service in a manner similar 
to that provided in Section 4 of this article for City Em- 
ployees.] All such employees becoming members, shall, 
after June 1, 1939, be considered in all other respects as to 
contributions made by them and benefits payable to them 
or on their account, as if they were City employees. 

(c) Accrued liability contribution. The Actuary of the 
Retirement System shall determine under the provisions 
of Subsection (c) of Section 8 of this article a special 



180 ORDINANCES Ord. No. 552 

"accrued liability contribution" sufficient to cover the ac- 
crued liability on account of such employees of such cor- 
poration for any service rendered [prior to3 before June 
1, 1939, with which they are credited, and such contribu- 
tion, subject to such corresponding adjustments as might 
affect the "accrued liability contribution" payable by the 
City on account of City employees, shall be payable on 
account of the employees of such corporation in lieu of 
the rate set for City employees, and for a period of time 
equal to the period over which the accrued liability contri- 
bution of the City is hereafter payable. The normal contri- 
butions, likewise to be determined by the Actuary, ;and such 
special accrued liability contribution required on account of 
the employees of such corporation shall be paid by the cor- 
poration out of available funds in the possession of such 
corporation or out of such funds as may be appropriate to 
such corporation by the M^yor and City Council of Balti- 
more; provided, however, that in the case of the Enoch 
Pratt Free Library of Baltimore City the annuity of Fifty 
Thousand Dollars ($50,000) paid annually to said Library 
by the Mayor and City Council of Baltimore pursuant to 
Chapter 181 of the Acts of the General Assembly of 1882 
and Ordinance No. 106, approved July 15, 1882, shall not 
be considered "available funds" within the meaning of this 
subsection. 

Sec. 8. And he it further ordained, That Subsections 
(a), (b), (d) and (e) of Section 16 of Article 22 of the 
Baltimore City Code (1966 Edition) as amended, title "Re- 
tirement Systems," subtitle "Employees* Retirement Sys- 
tem," be and they are hereby repealed ^nd reordained with 
amendments to read as follows : 

16. Additional opportunity to obtain credit for service and 
prior service. 

(a) General provisions. Any eligible person who was 
employed by the Mayor and City Council of Baltimore dur- 
ing the year nineteen hundred and twenty-six, and who is 
still in the employ of the Mayor and City Council of Balti- 
more, but who did not join the Retirement System estab- 
lished under the provisions of Ordinance No. 553, approved 
February 1st, 1926, and any amendments thereto, during 
that year, and thereby lost credit for service prior to the 



ORDINANCES 181 

year 1926, may, at any time before June 30th, 1943, join 
the Retirement System, if such person has not done so 
since 1926, and file a detailed statement of all service as an 
employee rendered by such employee [prior thereto,] be- 
fore June 30, 19^3, or [prior toj before the date when 
such person became a member of the Retirement Sys- 
tem. Those employees in service in the year 1926 who become 
members of the Retirement System after 1926, or who may 
become members before June 30th, 1943, shall be credited 
for all service rendered prior to January 1st, 1926, as 
prior service, and for fifty per centum of [such] any 
service rendered between January 1st, 1926, and June 
30th, 1943, or for fifty per centum of [such] any service 
between January 1st, 1926, and the date after 1926 when 
they become members of the Retirement System. Members 
entitled to credit for such [prior] service after January 
1, 1926, may elect to pay to the Retirement System by a 
single payment, or by an increased rate of contribution, 
as may be ;approved by the Board of Trustees, the con- 
tributions, with interest which they would have paid had 
they been members between January 1st, 1926, and 
June 30th, 1943, or the date after January 1st, 1926, when 
they bec,ame members of the Retirement System, in which 
event, upon completion of the payment, they shall be 
credited for all service from January 1st, 1926, as if they 
had been members. 

(b) Members in 1943. Any person who became eligible 
to join the Retirement System since January 1, 1926, and 
who did not join the Retirement System, may, [prior to] 
before June 30th, 1943, file an application and statement 
of service and join the Retirement Sj^stem; and any person 
who joined the Retirement System since 1926, under the 
provisions of any ordinance authorizing such membership, 
without obtaining full credit for service [prior to] before 
the date of membership, may pay to the Retirement System 
by a single payment or by an increased rate of contribu- 
tion, as may be approved by the Board of Trustees, the 
contributions, with interest, such person would have p^id if 
such person exercised the options or privileges heretofore 
granted, in which event, upon the completion of the pay- 
ment, such person shall be credited with all service from 
January 1, 1926, as if such person had exercised the op- 



182 ORDINANCES Ord. No. 552 

tions or privileges in the first instance ; provided, however, 
that in all cases the service beginning at any time since 
1926 must have been continuous. 

(d) Members of other systems. Any person who is a 
memlDer of the Retirement System and who ;at any time 
in the past was a member of any retirement system which 
is being oper^ated on an actuarial basis, with contributions 
being made during the active service of new members 
which are computed to be sufficient to provide the reserves 
needed to cover the retirement benefits payable on their 
account, either under the laws of this State or under the 
laws of any political subdivision of this State, or who was in 
a service subsequently covered by such a system, and who 
is not credited in the Retirement System for any service 
[previously] rendered as such a member or as such an 
employee, or who was an employee of one of the several 
private or semi-public agencies listed in Section 17 of this 
article, shall be credited with such service, provided that 
he shall file claim therefor with the Board of Trustees at 
any time after completion of six months of continuous 
service since last becoming a member of the Retirement 
System and shall pay to the Retirement System by a single 
payment or by an increased rate of contribution, as may 
be approved by the Board of Trustees, the contributions 
with interest which he would h,ave paid had he been a mem- 
ber of the Employees' Retirement System of the City of 
Baltimore while such service was rendered, and that this 
payment shall be completed at least ninety days [prior to] 
before the effective date of the member's retirement. 

(e) Verification of applications and statements. All ap- 
plications and all statements shall be filed on forms ap- 
proved by the Board of Trustees, and all statements shall 
be subject to verification before issuance of a prior service 
or other certificate. The Actuary of the Retirement System 
shall determine, pursuant to the provisions of this subtitle, 
a special ''accrued liability contribution," sufficient to cover 
the ;accrued liability on account of any persons for service 
rendered prior to January 1st, 1926, and from January 
1st, 1926, to June 30th, 1943, and not previously provided 
for, and such contribution, together with such adjustments 
as may be deemed proper, shall be payable over the period 
previously determined for the accrued liability of the City. 



ORDINANCES 183 

The Actuary shall determine the normal contribution, to 
be payable as heretofore provided. 

Sec. 9. And be it further ordained, That subsection (a) 
of Section 17 of Article 22 of the Baltimore City Code 
(1966 Edition), as amended, title ''Retirement Systems," 
subtitle "Employees' Retirement System," be and it is 
hereby repealed and reordained with amendment to read as 
follows : 

17. Same; Department of Public Recreation; Department 
of Education. 

(a) Public Recreation. Any employee of the Depart- 
ment of Public Recreation of the Mayor and City Council 
of Baltimore who is a member of the Retirement System 
or who may join said Retirement System pursuant to the 
terms and provisions of Section 16 of this article, shall be 
given credit for prior service rendered before January 1, 
1926, by any such employee of the Playground Athletic 
League, Incorporated, the Baltimore Aroateur Athletic 
Council, the Hampden-Woodberry Neighborhood Associa- 
tion, the Carroll Mansion Association and the Division of 
Recreation for Colored People, in addition to the prior 
service rendered by any such employee to the Mayor and 
City Council of Baltimore. 

Except as above provided, all of the terms ^nd provisions 
of this subtitle shall be applicable to such employee of the 
Department of Public Recreation. 

Sec. 10. And be it further ordained, That Subsections 
(b), (c) and (d) of Section 18 of Article 22 of the Balti- 
more City Code (1966 Edition), as amended, title "Retire- 
ment Systems," subtitle "Employees* Retirement System," 
be and they are hereby repealed and reordained with 
amendments to read as follows : 

18. Other actuarial systems. 

(b) Prior service credit. Upon becoming a member of 
the Emploj'ees' Retirement System of the City and upon 
the deposit in the Annuity Savings Fund thereof within one 
year thereafter, of his accumulated contributions in the 
Annuity Savings Fund or other corresponding fund of the 



184 ORDINANCES Ord. No. 552 

system of which he was ^ member [prior to] before 
becoming a member of the Employees' Retirement System, 
he shall receive prior service credit for all service rendered 
[prior to] before January 1, 1926, if any, provided he was 
in the service at any time during the calendar year 1925, 
and [membership] service credit for all continuous Re- 
tirement System service since January, 1926. Such credit 
for [membership] sei'vice shall include service credited as 
prior service in the system from which he is transferring if 
such "prior service" [was] ivere rendered subsequent to 
January 1, 1926, and [prior to] before the establishment 
of the system from which he is transferring and credit for 
service rendered since January 1, 1926, iQ¥ FOR which he 
was entitled to [membership] service credit in the system 
from which he is transferring if such total service credit is 
greater. 

(c) Contributions. Upon becoming a member of the 
Employees' Retirement System, such person shall there- 
after pay the rate of contribution applicable to a new en- 
trant at his attained age and be eligible for such pension 
and annuity ^s is provided by this subtitle, including the 
credits for [previous] service and prior service in the re- 
tirement system from which he has transferred, as pro- 
vided in this section, with the condition, however, that if he 
retires on a retirement allowance within five years after 
the transfer, the benefits payable ^^ith respect to the serv- 
ice credit shall not be greater than those which would have 
been payable with respect to such service, had he remained 
in the system from which he transferred. 

(d) Members in 1947. Notwithstanding anjrthing in this 
section to the contrary, a member of the Employees' Re- 
tirement System on June 1, 1947, who was a member of 
another system immediately [prior to] before entering 
said Employees' Retirement System, or who was in a service 
subsequently covered by such a system may effect such a 
transfer provided he deposits the amount of the contribu- 
tions paid or payable to him from such other retirement 
system [prior to] before June 1, 1950. To qualify under the 
terms and conditions of this section, such members shall 
exhibit such data and information to the Board of Trustees 
of the Employees' Retirement System as may be required 
by the rules and regulations of said Board of Trustees. 



ORDINANCES 185 

Sec. 11 And be it further ordained, That Section 19 of 
Article 22 of the Baltimore City Code (1966 Edition), as 
amended, title "Retirement Systems," subtitle ''Employees* 
Retirement System," be and it is hereby repealed and reor- 
dained with amendments, to read as follows: 

19. Police; members of system. 

All officers, agents, servants and employees of the Police 
Department of Baltimore City on January 1, 1947, shall 
become members of the Employees' Retirement System of 
the City of^ Baltimore, established by Ordinance No. 553, 
approved February 1, 1926, and all amendments thereof, 
unless, on or before September 1, 1947, any such officer, 
agent, servant or employee shall file with the Board of 
Trustees, on a form prescribed by said Board, a notice of 
election not to be covered in the membership of the System 
and a duly executed waiver of all present and prospective 
benefits which would otherwise inure to him on account of 
participation in the said Retirement System. Each officer, 
agent, servant or employee of the Police Department on 
January 1, 1947, w^ho becomes a member of said Retire- 
ment System shall file a detailed statement, on forms to be 
furnished by said Board of Trustees, of all service as an 
officer, agent, servant or employee of said Police Depart- 
ment, or of any other department of the City of Baltimore, 
rendered by him or her to the date of his or her enrollment 
in the Retirement System provided that such enrollment 
was on or [prior to] before September 1, 1947. Provided, 
however, that former members of said Police Department 
who were detached from said Police Department to enter 
the armed forces of the United States, the United States 
Maritime Service, or the United States Merchant I»Iarine 
after May 1, 1940, and who did so serve, and who shall again 
become members of the Police Department after September 
1, 1947, shall have ninety (90) days from the date of again 
becoming a member of said Police Department to file with 
Board of Trustees the notice of his election not to be covered 
in the membership of the system. Each person becoming a 
member of the Employees' Retirement System, as herein- 
before provided, shall be credited for all such service rend- 
ered prior to January 1, 1926, as prior service, and for fifty 
per cent (50%) of such service rendered between January 
1, 1926, and the date of enrollment in the Retirement Sys- 



186 ORDINANCES Ord. No. 552 

tern, provided such enrollment was on or [prior to] before 
September 1, 1947, as [prior] service in accordance with the 
provisions of Section 4 of this Article. Members entitled to 
credit for such [prior] service hetiveen January 1, 1926, 
and the date of enrollment before September 1, 19^7, may 
elect to pay to the Retirement System by a single payment 
or by an increased rate of contribution, as may be approved 
by the Board of Trustees, the contributions with interest, 
which they would have paid had they been members be- 
tween January 1, 1926, and the date of enrollment in the 
Retirement System, provided such enrollment was on oi* 
[prior] before to September 1, 1947, in which event, upon 
the completion of the payment, they shall be credited for all 
such [prior] service between January 1, 1926, and the date 
enrollment in the Retirement System provided such enroll- 
ment was on or [prior to] before September 1, 1947, as if 
they had been members. Xo person becoming a member of 
the Employees' Retirement System, as hereinabove pro- 
vided, shall thereafter be entitled to any benefits under 
any other pension system, the revenues of which are derived 
wholly or in part from appropriations made by the City cr 
from license fees or from fines and forfeitures imposed 
under laws or ordinances in force in Baltimore City. 

Sec. 12. Ajid be it further ordained, That Section 25 
Article 22 of the Baltimore City Code (1966 Edition), as 
amended, title "Retirement Systems,'' subtitle ''Employees' 
Retirement System," be and it is hereby repealed and reor- 
dained with amendments, to read as follows: 

25. Same; effect of membership. 

Any eligible employee in service on January 1, 1950, 
shall become a member of the aforesaid Retirement System 
as of such date, unless on or before September 1, 1950, such 
employee shall file with the Board of Trustees of said 
Retirement System on a form prescribed by said Board, a 
notice of his or her election not to be covered in the mem- 
bership of said System, and a duly executed waiver of all 
present and prospective benefits which would otherwise 
inure to him or her on account of his participation in said 
Retirement System. Any employees in service on January 1, 
1950, and becoming a member as of that date, shall file a 
statement of all service as an employee rendered [prior 



ORDINANCES 187 

thereto] before January 1, 1950. He or she shall be credited 
for all such service rendered [prior to] before January 1, 
1926, as prior service, and for fifty per centum of such 
service rendered between January 1, 1926, and January 1, 
1950, as [prior] service, in accordance with the provisions 
of Section 4 of this Article. Members entitled to credit for 
such [prior] service may elect to pay to the Retirement Sys- 
tem by a single payment, or by an increased rate of con- 
tribution, as may be approved by the Board of Trustees, 
the contributions, with interest, which they would have 
paid had thej^.been members between January 1, 1926, and 
January 1, 1950, in which event, upon the completion of the 
payment, they shall be credited with all such service between 
January 1, 1926, and January 1, 1950, as [membership] 
service instead of with fifty per centum of such service as 
[prior] service. After January 1, 1950, all employees who 
are or become members of said System shall be credited 
with service in a manner similar to that provided in Section 
4 of this Article. 

Sec. 13. And be it further ordained, That Section 26 
of Article 22 of the Baltimore City Code (1966 Edition), 
as amended, title ''Retirement Sj'stems," subtitle ''Employ- 
ees' Retirement System," be and it is hereby repealed and 
reordained with amendments, to read as follows: 

26. Same; accrued liability contribution. 

The Actuary of said Retirement System shall determine, 
in accordance with the provisions oi Subsection (c) of Sec- 
tion 8 of this Article, a special accrued liability contribution 
sufficient to cover the accrued liabilty on account of such 
employees of such cafeterias, for any service rendered by 
them [prior to] before January 1, 1950, with which they 
are credited, and such accrued liability contribution shall 
be payable on account of said employees, to the Treasurer 
of the City and credited to the Pension Accumulation Fund 
of the Employees' Retirement System, from the sur- 
plus which has been accumulated by the Department of 
Education in the operation of said cafeterias. 

Sec. 14. And be it further ordained, That paragraphs 
(8) and (9) of Section 30; Subsection (d) of Section 32; 
and Subsection ( j ) of Section 36 of Article 22 of the Balti- 



188 ORDINANCES Ord. No. 552 

more City Code (1966 Edition), as amended, title **Retire- 
ment Systems," subtitle "Fire and Police Employees," be 
and they are hereby repealed. 

Sec. 15. And be it further ordained, That Subsections 
(6), (10), (11), (12), (13), (14), (15), (15) (a), (16), 
(17), (18) and (19) of Section 30 of Article 22 of the 
Baltimore City Code (1966 Edition), as amended, title 
''Retirement Systems," subtitle 'Tire and Police Employ- 
ees," be and they are hereby repealed and reordained with 
amendments to read as follows : 

30. 

(6) "Service" shall mean service as an employee as 
described in Subsection 2 of this Section, and paid for by 
the City of Baltimore [.] , 2vhile a member of the Fire and 
Police Employees Retirement System; and any service pur- 
chased, repurchased or transferred, by appropriate deposit 
or redeposit of funds plus interest, to cover such periods, or 
any service credited under any other section of this subtitle 
and under Maryland State laiv, 

[(8) "Membership Service" shall mean service as an 
employee rendered while a member of the Fire and Police 
Employees Retirement System or the Employees Rtirement 
system of the City of Baltimore.] 

[(9) "Creditable Service" shall mean "Prior Services" 
plus "i\Iembership Service" for which credit is allowable as 
provided in Section 32 of this subtitle.] 

t(10)] {8) "Beneficiary" shall mean any person in re- 
ceipt of a pension, an annuity, a retirement allowance or 
other benefit as provided by this subtitle. 

[(11)] (P) "Regular interest" for the Annuity Savings 
Fund shall mean interest at 41/2% P^i' centum per annum 
compounded annually. "Regular interest" for the Annuity 
Reserve Fund, the Pension Accumulation Fund and the 
Pension Reserve Fund shall mean interest at five per centum 
(5%) per annum compounded annually. Provided, however, 
that "regular interest" for the Annuity Savings Fund shall 
be adjusted to five per centum (5%) per annum com- 
pounded annually in calculating the Special Disability bene- 
fit provided for in Section 34(f) and the Special Death 



< 



ORDINANCES 189 

benefit provided for in Section 34 (i) for special disability 
retirements and special death benefits awarded on or after 
July 1, 1973. 

[(12)] (10) "Accumulated Contributions" shall mean 
the sum of all the amounts deducted from the compensation 
of a member and credited to his individual account in the 
Annuity Savings Fund together with regular interest 
thereon as provided in Sections 35 and 36 of this subtitle. 

C(13)!I (^^\ "Average Final Compensation" shall mean 
the average annual compensation, pay or salary earnable 
by a member for the three consecutive years of service as an 
employee during which his earnable compensation was high- 
est, or if he had less than three years of service then the 
average annual compensation, pay or salary earnable by him 
during his total years of service. "Earnable" shall include 
all usual compensation, in whatever manner paid, such as 
lodging, subsistence, etc. In cases where compensation is not 
all paid in money, the Board of Trustees shall fix the value 
of that part of the compensation not paid in money. 

[(14)] (12) "Annuity" shall mean payments for life 
derived from the "accumulated contributions" of a member. 

[(15)] (13) "Pensions" shall mean payments for life 
derived from money provided by the City of Baltimore. 

[(15(a)] (13) (a) All retirement allowances or other 
benefits which are calculated on an annual basis shall be 
payable for each day in a year in such periodic installments 
as may be determined from time to time by the Board of 
Estimates to be in conformance with prevailing payment 
practices for active municipal employees and such daily 
allowances shall be computed by dividing the annual allow- 
ance by 365. 

[(16)] (IJ^) "Retirement" shall mean withdrawal from 
active service with a retirement allowance granted under 
the provisions of this subtitle. 

[(17)] (15) "Retirement Allowance" shall mean the sum 
of "annuity" and the "Pension." 

[(18)] (16) "Annuity Reserve" shall mean the present 
value of all payments to be made on account of any annuity 



190 ORDINANCES Ord. No. 552 

[ofj or benefit in lieu of any annuity computed upon the 
basis of such mortality tables as shall be adopted by the 
Board of Trustees and regular interest. 

[(19)] {17) 'Tension Reserve" shall mean the present 
value of all payments to be made on account of any pension 
or benefit in lieu of any pension computed upon the basis 
of such mortality tables, as shall be adopted by the Board of 
Trustees, and regular interest. 

Sec. 16. And he it further ordained, That Subsection 
(3) of Section 31 of Article 22 of the Baltimore City Code 
(1966 Edition), as amended, title "Retirement Systems," 
subtitle "Fire and Police Employees," be and it is hereby 
repealed and reordained with amendments to read as fol- 
lows : 

31. Membership. 

The membership in the Retirement System shall consist of 

the following : 

(3) An employee whose membership in the Retirement 
System is contingent on his o\\ti election and who elects not 
to become a member may thereafter apply for and be ad- 
mitted to membership, but no such employee shall receive 
[membership] service credit unless he becomes a member 
on or before July 1, 1964. 

Sec. 17. And he it further ordained, That Subsections 
(a), (c), (e) and (f) of Section 32 of Article 22 of the 
Baltimore City Code (1966 Edition), as amended, title 
"Retirement Systems," subtitle "Fire and Police Employ- 
ees," be and they are hereby repealed and reordained with 
amendments to read as follows : 

32. Service creditable. 

(a) Statement of service. Under such rules and regula- 
tions as the Board of Trustees shall adopt, each member who 
was an employee at any time during the year immediately 
preceding the date of establishment shall file a detailed 
statement of all service rendered by him [prior to] hefore 
the date of establishment for which he claims service credit. 



ORDINANCES 191 

including all Retirement Systems service [creditable] 
granted or credited to him under any other pension or re- 
tirement system supported wholly or in part by the City of 
Baltimore. 

(c) Service certificates. Upon verification of the state- 
ment of service, the Board of Trustees shall issue service 
certificates certifying to each member the length of service 
rendered [prior to] before the date of the establishment of 
the Fire and Police Employees Retirement System with 
which he is -credited either as service or prior service. So 
long as membership continues a service certificate shall be 
final and conclusive for retirement purposes as to such 
service; provided, however, that any member may, wathin 
one year from date of issuance or modification of such 
certificate, request the Board of Trustees to modify or cor- 
rect his service certificate. 

When membership ceases such service certificate covering 
the service and. prior service shall become void. Should the 
employee agam become a member, such employee shall enter 
the system as an employee not entitled to service credit, 
except as provided in Section 34, Subsections (g), para- 
graph [(2)] (i) and (3Jf) (k) (2) of this subtitle. 

[(e)] (d) Computation of service. The Board of Trus- 
tees shall fix and determine by appropriate rules and regula- 
tions how much service in any year is equivalent to a year of 
service, but in no case shall more than one year of service 
be [creditable] credited for all service in one calendar year, 
nor shall the Board of Trustees allow^ credit as service for 
any period of more than one month's duration during which 
the employee was absent without pay. 

[(f)] (e) Veterans. The rights and status of any per- 
son heretofore or hereafter inducted into the land or naval 
forces of the United States for training and service pursuant 
to the Act of Congress kno^\Ti as the Selective Training and 
Service Act of 1940, or any subsequent Acts of a similar 
nature, and any member of any reserve component of the 
land or naval forces of the United States who is on active 
duty or service, or who may be ordered or assigned to active 
duty or service, and who, because of such induction or in 
order to perform such active duty or service, ceases to be an 
employee, shall be as follows in the Fire and Police Em- 



192 ORDINANCES Ord. No. 552 

ployees Retirement System of the City of Baltimore : during 

the period of such absence, no such person or his estate 
shall have any right to or be entitled to any benefit other 
than the payment of his accumulated contributions as pro- 
vided in Section 34 of this subtitle. Any such persons, during 
such absence, except as herein otherwise specified, shall 
retain his status and rights as a member of the Fire and 
Police Employees Retirement System of the City of Balti- 
more (1) if he has not withdrawn any part of his accumu- 
lated contributions, and (2) if within one hundred and 
twenty (120) days from the time he is relieved from active 
duty or service he shall again become an employee under 
this subtitle, and (3) if he shall not have previously taken 
any other employment. If under the above restrictions of 
any such person again becomes an employee under this 
subtitle within one hundred and twenty (120) days from 
the time he is relieved from active duty, he shall receive 
full credit as service with the City for the period of his 
absence as if he had not been absent for such period, but 
such person shall produce satisfactory evidence to show 
that he meets all the requirements of the ordinance, but 
such contributions shall not be subject to withdrawal by any 
persons in the event of their leaving the City service and 
shall not be considered a part of the contributions of the 
member to Tvhich it is credited except in case of retirement 
or death while in service. The Trustees of the Fire and Police 
Employees Retirement System of the City of Baltimore shall 
refund to or reimburse members ef FOR any contributions 
which have been made, or shall hereafter be made, by them, 
or on their behalf to the Retirement System for the period 
of their absence while in the Armed Forces of the United 
States. The City of Baltimore shall thereupon make provi- 
sion for paying to the Fire and Police Employees Retirement 
System of the City of Baltimore the amounts which each 
of such persons would have paid as contributions if he had 
not been absent and had been employed for the period of his 
absence at the same rate of pay as when he entered the 
military service. During the period of such absence of any 
such employee, the City of Baltimore shall make its con- 
tribution on behalf of such employee as it would have MADE 
had he not been absent and had retained his status as an em- 
ployee during the period of his absence. Such person, how- 
ever, shall have no right to withdraw any part of such con- 



ORDINANCES 193 

tribution made by the City of Baltimore. The Board of 
Trustees of the Fire and Police Employees Retirement Sys- 
tem of the City of Baltimore is hereby authorized to adopt 
such rules and regulations to carry out the provisions of this 
section. In the event any such person who may be absent in 
such military service, or his estate, shall, after reinstatement 
in the Fire and Police Employees Retirement System of the 
City of Baltimore, file claim for any disability or death 
benefits whatsoever with said system, and the Medical Board 
of said system shall determine that the cause or origin of 
such disability or death is in any manner, either directly 
or indirectly, attributable or due to, or may have arisen out 
of his military service, then such person or his estate or 
dependents shall not be entitled to any benefits other than 
the return of his accumulated contributions under said 
system and further that in the event any such person shall, 
after reinstatement, receive any disability compensation of 
any nature, either from the United States of America, any 
department or agency thereof, or from any of the States or 
Territories of the United States, or from the District of 
Columbia, then the amount of such payments so paid shall 
be deducted from any funds payable by the Fire and Police 
Employees Retirement System of the City of Baltimore to 
such person or his estate or dependents on account of any 
benefits other than the return of his accumulated contribu- 
tions for which any claim has been filed. 

Sec. 18. And be it further ordained, That Subsections 
(a)(1), (a)(3), (b)(2), (b)(3), (b)(4), (b)(5), (b)(6), 
(c), (d)(2), (d)(3), (h)(2), (h)(4) and (k) (2) of Sec- 
tion 34 of Article 22 of the Baltimore City Code (1966 
Edition), as amended, title ''Retirement Systems" subtitle 
"Fire and Police Employees," be and they are hereby re- 
pealed and reordained with amendments to read as follows : 

34. Benefits. 

(a) Service retirement benefits. (1) Any member in 
service may retire upon his written application to the Board 
of Trustees setting forth at what time, not less than thirty 
days nor more than ninety days subsequent to the execution 
and filing thereof, he desires to be retired, provided that the 
said member at the time so specified for his retirement shall 
have attained the age of fifty or shall have [rendered] ac- 



194 ORDINANCES Ord. No. 552 

quired twenty-five years of [creditable] service as an em- 
ployee, and notwithstanding that, during such period of 
notification, he may have separated from service. 

(3) Anything in this subsection to the contrary notwith- 
standing, any employee who becomes a member at the time 
of the establishment of this system, and who is fifty-five, 
or more, years of age, or who will attain the age of fifty-five, 
years before having twenty-five years of [creditable] serv- 
ice, may be continued in service until the completion of 
twenty-five years of [creditable] service, or the attainment 
of age sixtj'-five, whichever occurs first. 

(b) Allowance on service retirement. Upon retirement 
from service a member shall receive a service retirement 
allowance which shall consist of : 

(1) An annuity which shall be the actuarial equivalent 
of his accumulated contributions at the time of his retire- 
ment; and 

(2) For each year of [membership] service, in addition 
to his annuity, a pension w^hich shall be equal to one one- 
hundredth of his average final compensation for each of the 
first twenty-five years of [membership] service, less any 
prior service, and one one-hundred-twentieth of his average 
final compensation for each year after the first twenty-live 
years of [creditable] service [exclusive of] less any prior 
service; and 

(3) If he has [prior service credit] been credited with 
prior service, [an additional] a supplemental pension [for 
each year of prior service] which shall be equal to one- 
fiftieth of his average final compensation imdtiplied by the 
number of years of such prior service [for each of the first 
twenty-five years of creditable service, and one-sixtieth of 
his average final compensation for each year after the first 
twenty-five years of creditable service]; and 

[(4) If the member has credit for membership service 
rendered prior to July 1, 1962, an additional pension equal 
to the difference between the pension allowable under para- 
graph (2) above for such service and one one-hundred- 
twentieth of average final compensation multiplied by the 
number of years of such service;] 



ORDINANCES 195 

[(5) Provided, however, that if at the time of retire- 
ment the member has not attained the age of fifty, the pen- 
sion and additional pension, if any, shall be payable at retire- 
ment and shall be the actuarial equivalent at that time of a 
pension and additional pension payable at the age of fifty 
in the amounts computed as provided in (2), (3) and (4) 
above; or such member may elect at the time of retirement 
to have his service retirement allowance deferred to com- 
mence upon the attainment of the age of fifty, in which 
event the annuity shall be the actuarial equivalent of his 
accumulated- contributions at that age, and the pension or 
pensions under (2) ; (3) and (4) above shall be in the 
amounts computed as therein provided;] 

[(6)3 (4) [Notwithstanding anything in this subtitle 
to the contrary, if] // at the time of retirement [a member 
is age fifty or older, or has twenty-five years of service, 
and the total off the annuity determined in accordance with 
Section 34-(b)(l) resulting from the member's [years of 
membership] contributions for service [and the supple- 
mental pension provided by paragraph (4)] is less than the 
pension resulting from the member's years of [membership] 
service determined in accordance with [paragraph (2)] 
Section 3Jf(h)(2), a supplemental pension equal to [such] 
the difference between the two shall be payable-f.} y ^f^^ 

w i/vvv-zw^ wv\^ i/\J \J w \y f y V I UWv IJH7 V\7 \Xfl Vl^ "^ ' U L/ Tf T" f f T_T v^ \y\JKJ f IVkJIJ TV fft^" rff vT"T' 

^ this Rotircmont Syetom a ft e r UhB cffoctivo d€b^ o/ ihi& 
ordinance, €bnd whe clocte ^ diGContinno contributionc m 
accordanco with UhB provioionG e-f Section S6 (b)(2), ihe 
&upplcmc?ital poneion heroin provided ehall b€ rcducod by- 

been made, with interest, ^ ihe deb^ &f rotircmont. 

(5) Provided, hoivever, that if at the time of retirement 
the member has not attained the age of fifty, the pension m 
■f2)- €bnd cuppi omental poneione in -f^ emd -(4^ if emy^ shall 

rifX nnn n i n J-tl yi n -f- /v» /T/^/l/v«/^/v^o /^/l,^ -f- n vi H nl^ nil H /O /v»nW/ii /^yoW ■/■/■^ -Urtn n /^-f-n i n /v*i n 7 
«-' ^ ^TrTTTTTTTT? rTT? J \J\}\^\ \^ I \ VKy I W \X FttV OTTTPTT TTT? TTTCrTVtTtTT^ TTT VfW IWOt^^Vf tlVV 

equivalent €bi that time ^ €h pension ehnd Gupplemontal pon - 
mmh&^ if €hnyj payable «4 ihe a^^ ^ fifiy in ^he amounts com 
pu^€d as provided in {^, -f^ OMd Wr AND SUPPLE- 
MENTAL PENSIONS, IF ANY, PAYABLE AT RE- 
TIREMENT SHALL BE (I) THE ACTUARIAL EQUIV- 
ALENT OF THE PENSION IN SECTION 3Jf(B) (2) PLUS 
(II) THE ACJTUARIAL EQUIVALENT OF THE SUP- 



196 ORDINANCES Ord. No. 552 

PLE MENTAL PENSION IN SECTION 3J,(B) (3) PLUS 
(III) IF THE ANNUITY IN SECTION 3J,(B) (1) IS LESS 
THAN THE PENSION IN (I) A SUPPLEMENTAL PEN- 
SION EQUAL TO SUCH DIFFERENCE; or such member 
may elect at the time of retirement to have his service re- 
tirement allowance deferred to commence upon the attain- 
ment of the age of fifty, in which event the annuity shall he 
THE actuarial equivalent of his accumulated contributions 
at age-; fifty and the pensions payable shall be in the amounts 
computed as provided in (2), (3) and (U). 

The additional annuity provided as the result of voluntary 
contributions permitted under Section 36(b) (i) shall be 
payable and shall not be used in determining this supple- 
mental pension, if any, payable under this subdivision, nor 
in determining the disability pension under Section 3Jt,(d) 
(2). 

(c) Ordinary disability retirement benefit. Upon the 
application of a member in service or of the head of his 
department, any member who has [had] acquired five or 
more years of [creditable] service may be retired by the 
Board of Trustees, not less than thirty and not more than 
ninety days next following the date of filing such applica- 
tion, on an ordinary disability retirement allowance, pro- 
vided that the medical board, after a medical examination 
of such member, shall certify that such member is mentally 
or physically incapacitated for the further performance of 
duty, that such incapacity is likely to be permanent, and 
that such member should be retired. 

(d) Allowance on ordinary disability retirement. Upon 
retirement for ordinary disability a member shall receive a 
service retirement allowance if he has attained the age of 
fifty; otherwise he shall receive an ordinary disability re- 
tirement allowance which shall consist of : 

(1) An annuity which shall be the actuarial equivalent 
of his accumulated contributions at the time of retirement; 
and 

(2) A pension which, together with his annuity, shall 
provide a total retirement allowance equal to one-fortieth 
of his average final compensation for each of the first twenty 
years of [creditable] service, and one-fiftieth of his average 



ORDINANCES 197 

final compensation for each year after the first twenty years 
of [creditable] service; 

(3) Provided, however, that notwithstanding anything 
in this subsection to the contrary, if at the time of retire- 
ment a member over fifty years of age shall have rendered 
less than twenty-five years of [creditable] service, and shall 
be retired for ordinary disability, then and in that event, 
and notwithstanding the age of such member, he shall 
receive as an ordinary disability retirement allowance a 
sum to be computed as provided in paragraphs (d) (1) and 
(2) of this subsection to the extent that such sum does 
not exceed fifty per centum (50%) of his average final 
compensation. 

(h) Ordinary death benefit. Upon the receipt of proper 
proofs of the death of a member in service there shall be 
paid to such person as he shall have nominated by written 
designation duly executed and filed with the Board of Trus- 
tees, otherwise to his estate : 

(1) his accumulated contributions; and 

(2) if the member has acquired one or more years of 
[creditable] service, an amount equal to fifty per cent of 
his current annual compensation or average final compen- 
sation, whichever, shall be greater at the time of the mem- 
ber's death; 

(h) (4) provided further that whether or not the mem- 
ber was eligible for a service retirement allowance at the 
time of his death, if he had at least two years of continuous 
[creditable] service prior to his death and is survived by a 
widow, such widow at her option may elect to receive during 
her widowhood an annual sum of money equal to one-fourth 
of the regular annual gross compensation of said member at 
the time of his death to continue as long as she remains 
unmarried. If there be no such widow, or if the widow dies 
or remarries before the youngest unmarried child of said 
deceased member shall have either attained the age of eight- 
een (18) years, or, in the event such child is a full time 
student, until he shall have attained the age of twenty-two 
(22) years, then an annual sum of money equal to one- 
fourth of the regular annual gross compensation of said 
member at the time of his death shall be paid to such child or 
children, divided in such manner as the Board of Trustees 



198 ORDINANCES Ord. No. 552 

in its discretion shall determine, to continue for the benefit 
of such child or children until the last child marries, dies or 
either attains the age of eighteen (18) years, or in the event 
he is a full time student, attains the age of twenty-two (22) 
years. The unremarried widower of a deceased female 
member may qualify for his option. The term ''regular 
annual gross compensation'' shall not include overtime com- 
pensation, but it shall include longevity payments, if any. 

The optional benefit provided under this Subsection 34 
(h) (4) shall be in lieu of all other benefits payable, includ- 
ing but not limited to the benefits payable under Subsections 
34(h)(1), 34(h)(2) and 34(h)(3). The benefits of this 
Subsection 34(h) (4) shall not be available to the surviving 
widow, widower, child or children of a member who has 
nominated by written designation duly executed and filed 
with the Board of Trustees a person other than a surviving 
spouse or a child to be his beneficiary under the provisions 
of Section 34 (h) . 

(k) Optional allowances. (1) Any member who is en- 
titled to a disability or service allowance under the provi- 
sions of this subtitle may elect to receive the maximum 
amount of such allowance or he may elect to receive the 
actuarial equivalent ef OF such allowance, computed as of 
the eflfective date of retirement, in a lesser amount payable 
throughout life in accordance with the following provisions : 

(2) Notwithstanding anything to the contrary in this 
subtitle, should a member be removed from a regular perma- 
nent position of the City without fault upon his part, or 
should a member appointed or elected for a fixed term not 
be reappointed or reelected[,] after the completion of 
fifteen years of [creditable] service [and the attainment of 
age forty-five, or after the completion of twenty years of 
creditable service regardless of age], such member may 
elect, in lieu of the withdrawal of his accumulated contribu- 
tions, to have such contributions paid to him in an annuity 
of equivalent actuarial value, in which event he shall also be 
paid a pension equal to the ordinary disability pension that 
would have been payable at such time had he been retired 
on an ordinary disability retirement. 

[The Board of Estimates of the Mayor and City Council 
of Baltimore shall provide for and pay to the Retirement 



ORDINANCES 199 

System for the purpose of paying such pensions the addi- 
tional amount so required. The payment of all such pen- 
sions the additional amount so required. The payment of all 
such pensions and the continued payment of 6»fe SUCH pen- 
sions shall be contingent on the payment annually by the 
Mayor and City Council of Baltimore of the additional 
amount so required to meet the current disbursement of such 
pensions.] Should such a beneficiary be restored to active 
service, his retirement allowance shall cease, he shall again 
become a member of the Retirement System, and he shall 
contribute thereafter at the same rate he paid prior to his 
retirement ; provided, however, th^t should such beneficiary 
be appointed or elected to any oflSce, the salary or compensa- 
tion of which is paid by the City, his retirement allowance 
shall cease, and he may again become a member of the Retire- 
ment System and shall contribute there.af ter at the same rate 
he paid [prior to] before his retirement. Any prior service 
certificate on the basis of which his service was computed at 
the time of his retirement shall be restored to full force and 
effect and, in addition, upon his subsequent retirement he 
shall be credited with all his service as a member.^ provided 

TTTTj jjx^ ILVJ l.\J 11. Wyjyj 1.1. VJXXK^l-t. O^T^TO^T^TT^TTTD T^TvTT^TTTX^TTTC l3TTrTXX TT^TU ^73X^^TT^ 

^ie pension he was rocoiving pi4eis te restoration pkis s«eh 
pension as may have accrued efi account e^ h4s [member 

oVt 1 nl or\t/'^Tt nr\ r\ +4- r\ t« v»/->ci4-/^-v«o4-t r\m 
Ulll^ J Ul^X f Al^\^ IXl. UV-A J. \^VJV\JX. lA,yji.\Jl.X.. 

Sec. 19. And he it further ordained, That a new Sub- 
section (n) be added to Section 34 of Article 22 of the 
Baltimore City Code (1966 Edition), as amended, title 
''Retirement Systems," subtitle "Fire and Police Employ- 
ees," to follow immediately after Subsection (m) of Section 
34 of said Article, and to read as follows : 

^4. 

-M- Minimum Bonofiite f^^ Rotircoo emd BonofiGiarioe. 
Subjoot ^ ihe doductione emd Umitationc f9^ Iceeor yoaro 
^ eormco €hnd cortw rn other income horoinxiftor &ei forth y 
ernhf- mombor wh& hets boon rotirodj mOh twenty fivo (25) 
ye are m^ more of Gormoo, emd who i& rocoiving a retirement 
allo^oanGo on the khs^ dety before tho off cot mo dorto of this 
ordhianoo, shall receive, in Ueu of M retirenfiont benofitQ 
ftw4 eupplomental paymonte promouely provided fo^ roti/reoo 
by- thio subtitle emd by appropriation of tho Mayor €bnd GUy 



200 ORDINANCES Ord. No. 552 

Counoil, a mimmwtn total rotwomont bono fit €nt the ¥€bte ef- 
Four Thouoand Dollaro ($4,000) po^ cmmmb. Suhjoot t^ the 
doduotione emd Im h itationo fo^ loeeor yoaro o/ eormco emd 
oortain othor inoomo horoinaftor eet forth, ebmf- ewrmmng 
honofioiary ^f- a rrhombor whe- hebd boon roti/rod with twenty • 
fiA)s (25) year 8 e^ moro eormco, emd wh^ eubeoquontly diodf 
which bonofioiary is rocoimng a rotwomont allowanco mhthe 
l€h9^ deby bo f ore the offooti/ v o date ef- thie ordinance, shall 
rocoivo, m Ueu ef M rotiromont bonofite emd eupplomontal 
paymonte promouely provided fe^ bonofioiaricG by thie sub- 
title €bnd by appropriation ef the Mayor €bnd City Council^ a 
minimzirrb benefit eht the r€hte ef- Two Thousand Dollaro 
($2,000) pe^ awmmi. S ubject te the eamo dcductiono emd 
limitations, emy surmvim>g benoficia/ry ef a membor whe 
became eligible te rocoivo the Four Thousand Dolla/ro 
($Jfi,000) mdnimumi total retirement benefit aforesaid, shall 
upon his death rocoivo, m Ueu ef M retirement benefits emd 
supplemental payments previously provided fe^ benofi 
oiarios hy this subtitle €hnd by appropriation ef the Mayor 
emd Q4ty Council ef Baltimore, a minimimi benefit €bt the 
f'Grte ef ¥u^ Thousand Dolla/rs ($2,000) per annwm. Such 
payments shall be subject te the following deductions emd 
limitations: 

■(4)- The minimum benefit provided for hereunder shall 
in ne event exceed the maximum, salary payable employees 
holding compa/rablo positions en the effective date ef this 
Ordinance; 

•fj^ This subsection shall net be applicable te a retiree 
or beneficiary whe received a lump sum benefit instead ef 
a retirement allowance; 

■(S-)- in the event thebt the retired er deceased member 
with respect te whose service the retirement allowance is 
peM had less than twenty five (25) years ef service^ sueh 
minimum total retirement benefit payable to the retiree er 
his beneficiary shall be reduced by one twenty fifth (1/25) 
er the decimal proportion thereof fer each year ef service 
less than twenty five (25) yoa/rs; 

■f^ In the event th€ht the retvred member er hie bene - 
ficiary is gainfully employed and/or is entitled te Social 
Security benefits, such minimum retirement benefit shall 
be reduced by sueh combined wmount en a dollar for dolla/r 



ORDINANCES 201 

baeio up i<9 €h maxinmm reduction o/ Qiw Thoueand DoUa/ro 
($1,000) pe^ anmmh. ¥he rotiroo e^ hi& bonofloiary ehall 
ouhmit annually, on a form approved by- ^he Board ef- 
Truetooe, a signed etatoment eetting forth hie total inoomOi 
Such etatoment ehall reflect ihe income, if €hmfy reported by 
6€bid retwoG m^ beneficiary ^ ihe Undted StatoG Intortial 
Revenue Service, ¥he eooecution o/ S€M form > by a retiree 
m^ benefhoiary chall have ihe eam,o effect €b& a etatom^ent 
eworn ^ by him before a notary public. Should €bny roti/reo 
9^ beneficiary fml ^ s ubmit eaid signed statement, he shall 
nei b^ entitled ^ ihe minirtvii>m incom,G benefit provided 
herein until he h€b& complied, emd he shall he entitled ^ f^e- 
ooive ihe same amoimt ebs mas appUcablo ie hym en ihe laM 
dehy preceding ihe effective de^ ef ihi& ordinance. 

in; ne event shall an^ retiree e^ beneficiary receive less 
^hem a fi>ve pe^ een^ (5%) increase above ihe r€(7^ ef ihe 
vObab anvviviMv r e v't/ret rvu fv v u u foejvv vfvav fvo tvOv raiyet'u t tvg ^ u tuvur 
ihe provisions ef ihie e ubtitle amd by appropriation ef ihre 
Mayor and QUy Counc il en ihe last day- before ihe effective 
date ef ihis ordinance; additionxil benefits which may be- 
come payable ie retirees e^ beneficiaries by virti he ef other 
sections ef ihis Article shall be inchided in ihe definition ef 

Provided further, ihebi ihe provisions hereof shall nei 
affect ihe duration ef ihe perio d du/ring which ihe benefi - 
ciary woe entitled ie receive benefits under other provisions 

(N) MINIMUM BENEFITS FOR RETIREES AND 
BENEFICIARIES. 

(1) SUBJECT TO THE CONDITIONS, DEDUCTIONS 
AND LIMITATIONS HEREINAFTER SET FORTH, ANY 
MEMBER WHO HAS BEEN RETIRED AND WHO IS 
ENTITLED TO RECEIVE PERIODICALLY PAID RE- 
TIREMENT BENEFITS, INCLUDING SUPPLE- 
MENTAL PAYMENTS, ON THE DAY IMMEDIATELY 
PRECEDING THE EFFECTIVE DATE OF THIS ORDI- 
NANCE, REGARDLESS OF WHAT BASIS WAS USED 
FOR CALCULATING THE BENEFITS AND EVEN 
THOUGH THE BENEFITS MAY HAVE BEEN INCOR- 
RECTLY DETERMINED, SHALL RECEIVE A MINI- 



202 ORDINANCES Ord. No. 552 

MUM TOTAL RETIREMENT BENEFIT OF $U,000 PER 
ANNUM IN LIEU OF ANY LESSER RETIREMENT 
BENEFITS, INCLUDING SUPPLEMENTAL PAY- 
MENTS, WHICH SUCH RETIREE WAS ENTITLED TO 
RECEIVE ON THE DAY IMMEDIATELY PRECEDING 
THE EFFECTIVE DATE OF THIS ORDINANCE, 

(2) SUBJECT TO THE CONDITIONS, DED UCTIONS 
AND LIMITATIONS HEREINAFTER SET FORTH, ANY 
SURVIVING BENEFICIARY OF A MEMBER WHO WAS 
RETIRED AND SUBSEQUENTLY DIED BEFORE THE 
EFFECTIVE DATE OF THIS ORDINANCE, AND WHO 
(BENEFICIARY) IS ENTITLED TO RECEIVE PERIOD- 
ICALLY PAID RETIREMENT BENEFITS, INCLUDING 
SUPPLEMENTAL PAYMENTS, ON THE DAY IMME- 
DIATELY PRECEDING THE EFFECTIVE DATE OF 
THIS ORDINANCE, REGARDLESS OF WHAT BASIS 
WAS USED FOR CALCULATING THE BENEFITS AND 
EVEN THOUGH THE BENEFITS MAY HAVE BEEN 
INCORRECTLY DETERMINED, SHALL RECEIVE A 
MINIMUM TOTAL RETIREMENT BENEFIT OF $2,000 
PER ANNUM IN LIEU OF ANY LESSER RETIREMENT 
BENEFITS, INCLUDING SUPPLEMENTAL PAY- 
MENTS, WHICH SUCH BENEFICIARY WAS EN- 
TITLED TO RECEIVE ON THE DAY IMMEDIATELY 
PRECEDING THE EFFECTIVE DATE OF THIS ORDI- 
NANCE, . 

(3) SUBJECT TO THE CONDITIONS, DEDUCTIONS 
AND LIMITATIONS HEREINAFTER SET FORTH, ANY 
BENEFICIARY WHO BECOMES ELIGIBLE FOR PERI- 
ODICALLY PAID RETIREMENT BENEFITS AS A RE- 
SULT OF THE DEATH OF A RETIRED MEMBER 
WHICH DEATH OCCURS AFTER THE EFFECTIVE 
DATE OF THIS ORDINANCE, AND WHICH RETIRED 
MEMBER WAS ENTITLED TO RECEIVE PERIOD- 
ICALLY PAID RETIREMENT BENEFITS, INCLUDING 
SUPPLEMENTAL PAYMENTS, ON THE DAY IMMEDI- 
ATELY PRECEDING THE EFFECTIVE DATE OF THIS 
ORDINANCE, REGARDLESS OF WHAT BASIS WAS 
USED FOR CALCULATING THE DECEASED RETIRED 
MEMBER'S BENEFITS, AND EVEN THOUGH THE 
BENEFITS MAY HAVE BEEN INCORRECTLY DETER- 
MINED, SAID BENEFICIARY OF THE DECEASED RE- 



ORDINANCES 203 

TIREn MEMBER SHALL RECEIVE A MINIMUM BEN- 
EFIT OF $2,000 PER ANNUM IN LIEU OF ANY 
LES'-F'^ RETIREMENT BENEFITS, INCLUDING SUP- 
PLEMENTAL PAYMENTS. 

(h) SAID MINIMUM BENEFIT OF $A,000, FOR A 
RETIRED MEMBER PROVIDED IN SUBSECTION (1) 
AND THE MINIMUM BENEFIT OF $2,000 FOR ANY 
SURVIVING BENEFICIARY OF A DECEASED RE- 
TIRED MEMBER PROVIDED FOR IN SUBSECTIONS 
(2) AND (8) SHALL BE SUBJECT TO THE FOL- 
LOWING CONDITIONS, DEDUCTIONS AND LIMITA- 
TIONS: 

(A) SAID MINIMUM BENEFIT OF $1^,000 PRO- 
VIDED FOR ANY RETIRED MEMBER SHALL IN NO 
EVENT EXCEED THE MAXIMUM SALARY, EXCLUD- 
ING LONGEVITY PAY, LIFE, MEDICAL AND HEALTH 
INSURANCE PREMIUMS PAID BY THE CITY, AND 
OTHER LIKE BENEFITS PAID BY THE CITY, PAY- 
ABLE ON THE EFFECTIVE DATE OF THIS ORDI- 
NANCE, TO EMPLOYEES HOLDING POSITIONS COM- 
PARABLE TO THE POSITION HELD BY THE RE- 
TIRED MEMBER IMMEDIATELY BEFORE HIS RE- 
TIREMENT; 

(B) SAID MINIMUM BENEFIT OF $2,000 PRO- 
VIDED FOR ANY BENEFICIARY OF A DECEASED 
RETIRED MEMBER SHALL IN NO EVENT EXCEED 
ONE-HALF THE MAXIMUM SALARY, EXCLUDING 
LONGEVITY PAY, LIFE, MEDICAL AND HEALTH IN- 
SURANCE PREMIUMS PAID BY THE CITY, AND 
OTHER LIKE BENEFITS PAID BY THE CITY, PAY- 
ABLE ON THE EFFECTIVE DATE OF THIS ORDI- 
NANCE, COMPARABLE TO THE POSITION HELD BY 
THE DECEASED RETIRED MEMBER IMMEDIATELY 
BEFORE HIS RETIREMENT; 

(C) IN THE EVENT THAT A RETIRED MEMBER 
OR DECEASED RETIRED MEMBER HAD LESS THAN 
TWENTY-FIVE (25) YEARS OF SERVICE, THE 
AFORESAID MINIMUM TOTAL RETIREMENT BENE- 
FITS OF $1^,000 PAYABLE TO A RETIRED MEMBER 
AND THE MINIMUM TOTAL RETIREMENT BENE- 
FITS OF $2,000 PAYABLE TO ANY BENEFICIARY OF 



204 ORDINANCES Ord. No. 552 

ANY DECEASED RETIRED MEMBER, SHALL BE RE- 
DUCED, PRO RATA, BY EACH YEAR AND THE 
DECIMAL PROPORTION OF A YEAR OF SERVICE 
LESS THAN TWENTY-FIVE (25) YEARS; 

(D) IN THE EVENT THAT ANY UNMARRIED RE- 
TIRED MEMBER OR ANY MARRIED RETIRED MEM- 
BER AND HIS SPOUSE HAVE EARNED INCOME OR 
ARE ENTITLED TO RECEIVE SOCIAL SECURITY 
BENEFITS, OR BOTH, THE TOTAL MINIMUM RE- 
TIREMENT BENEFITS OF $J,,000 PROVIDED FOR A 
RETIRED MEMBER SHALL BE REDUCED BY THE 
SUM OF BOTH THE EARNED INCOME AND SOCIAL 
SECURITY ENTITLEMENT OF ANY UNMARRIED RE- 
TIRED MEMBER OR ANY MARRIED RETIRED MEM- 
BER AND HIS SPOUSE, ON A DOLLAR FOR DOLLAR 
BASIS UP TO A MAXIMUM REDUCTION OF ONE 
THOUSAND DOLLARS ($1,000) PER ANNUM^. 

IN THE EVENT THAT A DECEASED RETIRED 
MEMBER'S BENEFICIARY HAS EARNED INCOME 
OR IS ENTITLED TO RECEIVE SOCIAL SECURITY 
BENEFITS, OR BOTH, THE MINIMUM RETIREMENT 
BENEFIT OF $2,000 PROVIDED FOR A BENEFICIARY 
SHALL BE REDUCED BY THE TOTAL OF BOTH ANY 
EARNED INCOME AND SOCIAL SECURITY ENTITLE- 
MENT ON A DOLLAR FOR DOLLAR BASIS UP TO A 
MAXIMUM REDUCTION OF ONE THOUSAND DOL- 
LARS ($1,000) PER ANNUM. 

SOCIAL SECURITY ENTITLEMENT SHALL IN- 
CLUDE NOT ONLY SOCIAL SECURITY BENEFITS 
WHICH ARE ACTUALLY BEING COLLECTED BY THE 
RETIRED MEMBER, SPOUSE OR BENEFICIARY, BUT 
SHALL ALSO INCLUDE THE AMOUNT THAT THE RE- 
TIRED MEMBER, SPOUSE OR BENEFICIARY FIRST 
QUALIFIED FOR BY REASON OF AGE OR OTHER CIR- 
CUMSTANCES, PLUS ANY INCREASES OF ANY KIND 
IN SOCIAL SECURITY BENEFITS, EVEN THOUGH 
NO APPLICATION HAS BEEN ACTUALLY MADE FOR 
THE RECEIPT OF THESE BENEFITS, 

EARNED INCOME SHALL MEAN WAGES, COM- 
MISSIONS, OR OTHER COMPENSATION RECEIVED 
BY ANY RETIRED MEMBER, SPOUSE OR BENE- 



ORDINANCES 205 

FICIARY FOR SERVICES RENDERED IN THE CAPAC- 
ITY OF AN EMPLOYEE OR SELF-EMPLOYED, WHICH 
WAS PAID TO THEM IN CONSIDERATION FOR ANY 
SERVICES RENDERED. IT SHALL NOT INCLUDE 
INTEREST INCOME, DIVIDEND INCOME OR ANY 
OTHER UNEARNED INCOME WHICH WAS PAID TO 
THE RECIPIENT WITHOUT SERVICES BEING REND- 
ERED, 

EVERY RETIRED MEMBER SHALL SUBMIT, BE- 
FORE MAY^ 1ST OF EACH YEAR, ON A FORM AP- 
PROVED BY THE BOARD OF TRUSTEES, A SIGNED 
STATEMENT SETTING FORTH THE TOTAL EARNED 
INCOME AND THE TOTAL SOCIAL SECURITY BENE- 
FIT ENTITLEMENT OF THE RETIRED MEMBER 
AND HIS SPOUSE, IF ANY, FOR THE IMMEDIATELY 
PRECEDING CALENDAR YEAR,. 

EVERY BENEFICIARY OF A DECEASED MEMBER 
SHALL SUBMIT BEFORE MAY 1ST OF EACH YEAR 
ON A FORM APPROVED BY THE BOARD OF 
TRUSTEES, A SIGNED STATEMENT SETTING 
FORTH THE TOTAL EARNED INCOME AND THE 
TOTAL SOCIAL SECURITY BENEFIT ENTITLEMENT 
OF THE BENEFICIARY FOR THE IMMEDIATELY 
PRECEDING CALENDAR YEAR. 

THE SAID FORM AND ITS CONTENTS COMPLETED 
BY A RETIRED MEMBER OR A DECEASED RETIRED 
MEMBER'S BENEFICIARY SHALL BE CERTIFIED 
AND SWORN TO BEFORE A NOTARY PUBLIC. 
SHOULD ANY RETIRED MEMBER OR A DECEASED 
RETIRED MEMBER'S BENEFICIARY FAIL. TO SUB- 
MIT SAID SIGNED STATEMENT AS REQUIRED,. 
THEY SHALL NOT BE ENTITLED TO THE AFORE- 
SAID MINIMUM INCOME BENEFIT PROVIDED IN 
THIS SUBSECTION UNTIL THEY HAVE COMPLIED. 
HOWEVER, THEY SHALL BE ENTITLED TO RE- 
CEIVE THE SAME BENEFIT AS THEY WERE EN- 
TITLED TO RECEIVE ON THE DAY IMMEDIATELY 
PRECEDING THE EFFECTIVE DATE OF THIS ORDI- 
NANCE. 

(E) IN NO EVENT SHALL ANY RETIRED MEM- 
BER OR A DECEASED RETIRED MEMBER'S BENE- 



206 ORDINANCES Ord. No. 552 

FICIARY RECEIVE LESS THAN A FIVE PERCENT 
(5%) BENEFIT INCREASE, EXCEPT THOSE ELIGI- 
BLE FOR THE AFORESAID $^,000 OR $2,000 MINIMUM 
BENEFITS, RESPECTIVELY, AND THOSE WHO 
HAVE NOT FILED THE STATEMENTS IN ACCORD- 
ANCE WITH THE PROVISIONS OF SUBSECTION (N) 
(U) (D), OVER AND ABOVE THE AMOUNT OF THE 
TOTAL ANNUAL RETIREMENT BENEFITS, INCLUD- 
ING SUPPLEMENTAL PAYMENTS, THAT THEY 
WERE ENTITLED TO RECEIVE UNDER THE PRO- 
VISIONS OF THIS SUBTITLE ON THE DAY IMMEDI- 
ATELY PRECEDING THE EFFECTIVE DATE OF THIS 
ORDINANCE. 

(F) THE BASIS TO BE USED IN DETERMINING 
THE ELIGIBILITY FOR AND THE COMPUTATION OF 
THE NEW MINIMUM TOTAL RETIREMENT BENE- 
FITS PROVIDED BY THIS SUBSECTION 3J, (N) SHALL 
BE, THE TOTAL ANNUAL RETIREMENT BENEFITS 
INCLUDING SUPPLEMENTAL PAYMENTS, ON THE 
DAY IMMEDIATELY PRECEDING THE EFFECTIVE 
DATE OF THIS ORDINANCE, USED TO CALCULATE 
PERIODIC PAYMENTS DUE A RETIRED MEMBER OR 
A DECEASED RETIRED MEMBER'S BENEFICIARY 
ON THE LAST PAYROLL PERIOD IMMEDIATELY 
PRECEDING THE EFFECTIVE DATE OF THIS ORDI- 
NANCE, REGARDLESS OF THE BASIS USED FOR 
CALCULATING THE BENEFITS AND EVEN THOUGH 
THE BENEFITS MAY HAVE BEEN INCORRECTLY 
DETERMINED. 

HOWEVER, IF THE TOTAL ANNUAL BENEFITS, 
INCLUDING SUPPLEMENTAL PAYMENTS, USED IN 
CALCULATING THE PERIODIC PAYMENTS ARE 
LESS THAN THOSE WHICH WOULD HAVE BEEN 
PAID TO THE RETIRED MEMBER OR THE DE- 
CEASED RETIRED MEMBER'S BENEFICIARY IF 
THE NEW DEFINITION OF "SERVICE" UNDER THIS 
ORDINANCE WERE IMPLEMENTED, THEN THE 
LESSER RETIREMENT BENEFITS ARE TO BE RE- 
CALCULATED IN CONFORMITY WITH THE NEW 
DEFINITION OF ''SERVICE" AS PROVIDED FOR 
UNDER THIS ORDINANCE, BEFORE DETERMINING 
THE ELIGIBILITY FOR AND COMPUTATION OF THE 
$Jf,000 MINIMUM FOR A RETIRED MEMBER AND THE 



ORDINANCES 207 

$2,000 MINIMUM FOR A DECEASED RETIRED MEM- 
BER'S BENEFICIARY AND THE FIVE PERCENT (5%) 
MINIMUM GUARANTEE FOR A RETIRED MEMBER 
OR A DECEASED RETIRED MEMBER'S BENEFICI- 
ARY. 

(G) THIS SUBSECTION SHALL NOT BE APPLI- 
CABLE TO A BENEFICIARY WHO RECEIVED A LUMP 
SUM BENEFIT INSTEAD OF A PERIODICALLY PAID 
RETIREMENT ALLOWANCE. 

(H) THE-TOTAL MINIMUM BENEFITS PROVIDED 
BY THIS SUBSECTION SHALL CEASE AT THE TIME 
THAT THE RETIRED MEMBER OR DECEASED RE- 
TIRED MEMBER'S BENEFICIARY IS NO LONGER 
ENTITLED TO RECEIVE A PERIODICALLY PAID 
PENSION, ANNUITY, OR BOTH, UNDER ANY OTHER 
SUBSECTION OF THIS SUBTITLE. IT IS FURTHER 
PROVIDED THAT THE TOTAL MINIMUM RETIRE- 
MENT BENEFITS GUARANTEE SO DISCONTINUED, 
WITH THE EXCEPTION OF U (D) OF THIS SUBSEC- 
TION, SHALL NOT BE REINSTATED UPON ANY 
SUBSEQUENT REEMPLOYMENT AND ELIGIBILITY 
FOR RETIREMENT AS A RESULT OF SUCH REEM- 
PLOYMENT,. 

(I) FOR PURPOSES OF APPLYING THIS SUB- 
SECTION OF THE ORDINANCE, THE MINIMUM 
BENEFIT OF $2,000 FOR A SURVIVING BENEFICI- 
ARY OF A RETIRED MEMBER IN SUBSECTIONS (2) 
AND (3) AND (VE IS TO BE PAID, SUBJECT TO THE 
SAME CONDITIONS, DEDUCTIONS, AND LIMITA- 
TIONS AS ARE PROVIDED FOR A BENEFICIARY OF 
A RETIRED MEMBER, TO A WIDOW OR A DEPEND- 
ENT CHILD OR CHILDREN WHO ARE RECEIVING 
PERIODIC PAYMENTS UNDER THE PROVISIONS OF 
SECTION 3Jp(H) a; OF THIS SUBTITLE AS A RESULT 
OF THE DEATH OF A MEMBER BEFORE THE EFFEC- 
TIVE DATE OF THIS ORDINANCE. 

Sec. 20. And he it further ordained, That Section 39 
of Article 22 of the Baltimore City Code (1966 Edition), 
as amended, title ''Retirement Systems," subtitle "Fire and 
Police Employees,'' be and it is hereby repealed and re- 
ordained with amendments to read as follows: 



208 ORDINANCES Ord. No. 552 

39. 

Any person who shall knowingly make any false state- 
ment or shall falsify or permit to be falsified any record 
o>' records of this retirement system in any attempt to 
defraud such system as a result of such act shall be guilty 
of a misdemeanor, and shall be punishable therefor under 
the laws of the State of Maryland. Should any change or 
error in the records result in any member or beneficiary 
receiving from the retirement system more or less than he 
would have been entitled to receive had the records been 
correct, the Board of Trustees shall correct such error 
and, as far as practicable, shall adjust the payments in 
such a manner that the acturarial equivalent of the [benefit] 
payment to which said member or beneficiary was cor- 
rectly entitled shall be paid. Provided, however, that any 
overpayments of benefits which have been made, or which 
may be made pj4e¥ to Januar>^ h ^^^ BEFORE THE EF- 
FECTIVE DATE OF THIS ORDINANCE, by the retire- 
ment system as a result of administrative errors, ivith the 
exception of overpayments resulting from the fraud ^ 
OR deliberate misrepresentation of a beneficiary or poten- 
tial beneficiary, are hereby waived to the extent that 
they have not been recovered by the system prior to that 
date, and no request or demand for reimbursement thereof 
shall be made after January 1, 1974, upon any retired mem- 
ber or his beneficiary who shall have received same. No re- 
quest or demand shall be made upon the retirement system 
for the return of any such overpayments which m^y have 
been recovered by the system prior 4e January i? 1974. 
BEFORE THE EFFECTIVE DATE OF THIS ORDI- 
NANCE. 

Sec. 21. And be it further ordained, That a new Sec- 
tion 44 under a new subtitle 'Tolice Department, Special 
Fund," be and it is hereby added to Article 22 of the Balti- 
more City Code (1966 Edition), as amended, title "Retire- 
ment Systems," increasing the benefits provided, pursuant 
to Section 16-26 of Article 16 of the Code of Public Local 
Laws of Baltimore City (1969 Edition), title "Police De- 
partment," subtitle "Special Fund," to follow immediately 
after Section 43 of said Article 22, and to read as follows : 



ORDINANCES 209 

Notwithstanding o/ny provision to the contrary contained 
in Section 16-26 of Article 16 of the Code of Public Local 
Laws of Baltimore City (1969 Edition), title "Police De- 
partment,'' subtitle ''Special Fund,'' on and after the effec- 
tive date of this ordinance, any widow entitled to receive 
benefits under the provisions of said Section 16-26 of Article 
16 of the Code of Public Local Laws of Baltimore City 
(1969 Edition), title ''Police Department," subtitle "Special 
Fund," shall receive a total benefit allowance calculated at 
the rate of not less than Two Thousand Dollars ($2,000) 
per annum. THE PAYMENT AND CONTINUED PAY- 
MENT OF SUCH INCREASES IN TOTAL BENEFIT 
ALLOWANCES AS MAY RESULT FROM THE WORK- 
INGS OF THIS PARAGRAPH SHALL BE SUBJECT TO 
THE ANNUAL APPROPRIATION AND PAYMENT OF 
THE NECESSARY FUNDS BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE. 

Sec. 22. And be it further ordained. That a new Sec- 
tion 14B be and it is hereby added to Article 9 of the Balti- 
more City Code (1966 Edition), as amended, title 'Tire 
Department and Fire Code," subtitle ''Retirement Benefits 
for Certain Firemen's Dependents," to follow immediately 
after Section 14A of said Article, and to read as follows : 

14B. 

Notwithstanding any provision to the contrary contained 
in Section 14 A, on and after the effective date of this ordi- 
nance, any tvidow ivho is entitled to receive retirement bene- 
fits under the provisions of said Section 14 A shall receive 
in lieu thereof a revised total benefit allowance calculated 
at the rate of Two Thousand Dollars ($2,000) per annum, 
provided that the deceased member had thirty or more 
years of service. If the deceased membei" had less than thirty 
years of service, said widoiu shall receive a reduced pro- 
portionate total benefit allowance of not less than the amount 
per anniim determined by dividing the number of years of 
service by thirty (80) and multiplying the result by the 
rate of Tivo Thousand Dollars ($2,000); provided that in 
every case a widow presently receiving the minimum bene- 
fits provided for in Section 14 A will receive an increased 



210 ORDINANCES Ord. No. 552 

total benefit allowance of at least Ttvo Hundred Dollars 
($200) per annum. THE PAYMENT AND CONTINUED 
PAYMENT OF SUCH INCREASES IN TOTAL BENE- 
FIT ALLOWANCES AS MAY RESULT FROM THE 
WORKINGS OF THIS PARAGRAPH SHALL BE SUB- 
JECT TO THE ANNUAL APPROPRIATION AND PAY- 
MENT OF THE NECESSARY FUNDS BY THE MAYOR 
AND CITY COUNCIL OF BALTIMORE. 

Sec. 23. And be it further ordained, That notwithstand- 
ing anything to the contrary contained in this ordinance, 
the benefits payable to any member e# the Emp loyoos ^^e- 
tiromont System e¥ the ¥i¥e aft4 Police Employoos Rotiro 
mont System, €t& get forth m Articles ett^ 2Q ef the 
Baltimore €4^ Code (1966 Edition), as amended, shall liet 
fee roduc e4 B¥ diminished fey any word, phrase, clause, item, 
Bontonco B¥ p r o v isi o n ei this Ordinance. OR HIS BENE- 
FICIARY IN THE EMPLOYEES RETIREMENT SYS- 
TEM AND THE FIRE AND POLICE EMPLOYEES 
RETIREMENT SYSTEM AS SET FORTH IN ARTICLE 
22 OF THE BALTIMORE CITY CODE (1966 EDITION), 
AS AMENDED, AND ANY BENEFITS PAYABLE TO 
ANY BENEFICIARY UNDER THE SUBTITLE ^'POLICE 
DEPARTMENT, SPECIAL FUND," OF ARTICLE 22 
AND ANY BENEFIT PAYABLE TO ANY BENEFICI- 
ARY, AS SET FORTH IN ARTICLE 9, SECTION 14B, OF 
THE BALTIMORE CITY CODE (1966 EDITION), AS 
AMENDED, TITLE "FIRE DEPARTMENT AND FIRE 
CODE," SUBTITLE "RETIREMENT BENEFITS FOR 
CERTAIN FIREMEN'S DEPENDENTS, SHALL NOT BE 
REDUCED OR DIMINISHED BY ANY WORD, PHRASE, 
CLAUSE, ITEM, SENTENCE OR PROVISION OF THIS 
ORDINANCE." 

Sec. 24. And be it further ordained, That in the event 
it be judicially determined that any word, phrase, clause, 
sentence, paragraph, section or part in or of this ordinance 
or the application thereof to any person or circumstances 
is invalid, the remaining provisions and the application of 
such provisions to other persons or circumstances shall not 
be affected hereby, the Mayor and City Council hereby de- 
claring that they would have ordained the remaining pro- 
visions of this ordinance without the word, phrase, clause. 



ORDINANCES 211 

sentence, paragraph, section or part or the application 
thereof so held invalid, and to this end the provisions of 
this ordinance are declared to be severable. 

Sec. 25. And be it further ordained, That this ordinance 
shall take effect on the first day of the first full retiree pay- 
roll period beginning thirty (30) days after the date of its 
passage. 

Approved March 8, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 553 
(Council No. 1103) 

An Ordinance authorizing the acquisition by purchase or 
condemnation by the Mayor and City Council of Balti- 
more of the fee simple interests or such other interests 
as the Director of the Department of Public Works may 
deem necessary or sufficient, in and to certain pieces or 
parcels of land situate in Baltimore City, for public 
Utility Right of Way purposes, namely, for the construc- 
tion and maintenance of the Public Utility Right of Way 
for the Bureau of Engineering Southwest Diversion Sani- 
tary Sewer Project, Sanitary Contract No. 549, in the 
vicinity of Maisel Street and Cedley Street and authoriz- 
ing the acquisition by purchase or condemnation of any 
property, rights, interests, easements, and/or franchises 
necessary in said Public Utility Right of Way and the con- 
struction and maintenance of said Sanitary Sewer in said 
Public Utility Right of Way ; and authorizing the making 
of all necessary agreements concerning said Public Utility 
Right of Way; the location ^nd courses of said Public 
Utility Right of Way being shown on a plat thereof 
numbered 317-A-13B, prepared by the Surveys and Rec- 
ords Division and filed in the Office of the Director of 
the Department of Public Works on the thirteenth (13th) 
day of November, 1973. 



212 ORDINANCES Ord. No. 553 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That it is necessary to acquire by purchase or 
condemnation for Public Utility Right of Way purposes, 
namely, for the construction and maintenance of the Public 
Utility Right of Way for the Bureau of Engineering South- 
west Diversion Sanitary Sewer Project, Sanitary Contract 
No. 549, in the vicinity of Maisel Street and Cedley Street ; 
the fee simple interests or such other interests as the Di- 
rector of the Department of Public Works may deem neces- 
sary, in and to the pieces or parcels of land, situate, in 
Baltimore City, including the improvements thereon, bound- 
ed as follows : 

Beginning for the same at the point formed by the inter- 
section of the southwest side of Maisel Street, 66 feet wide, 
^nd a line drawn parallel with and distant 10.00 feet north- 
westerly, measured at right angles from the surveyed and 
established center line of the proposed right of way as 
shown on the Bureau of Engineering, Division of Waste 
Water Southwest Diversion Project Plat and running 
thence binding on the southwest side of said Maisel Street, 
Southeasterly 20 feet, more or less, to intersect a line drawn 
parallel with and distant 10.00 feet southeasterly, measured 
at right angles from the surveyed and established center 
line of said proposed Southwest Diversion Project right 
of way; thence binding on last said line so drawn and 
continuing to bind on a line drawn parallel with and distant 
10.00 feet northeasterly, measured at right angles from the 
surveyed and established center line of said proposed South- 
west Diversion Project right of way the two following 
courses and distances; namely, South 25°-30'-SO00" West 59 
feet, more or less, and South 19°-30'-00" East 49 feet, 
more or less, to intersect the southeast outline of the prop- 
erty now or formerly owned by Charles J. Spielman and 
known as Lot 35B of Block 7445; thence binding on the 
southeast outline of said property. South 25°-30'-00'' West 
29 feet, more or less, to intersect a line dr^wn parallel 
with and distant 10.00 feet southwesterly, measured at 
right angles from the surveyed and established center line 
of said proposed Southwest Diversion Project right of way 
and thence binding on last said line so drawn and continu- 
ing to bind on the first line drawn parallel with ^nd distant 
10.00 feet northwesterly, measured at right angles from 



ORDINANCES 213 

the surveyed and established center line of said proposed 
Southwest DIVERSION Project right of way the two fol- 
lowing courses and distances; namely, North 19°-30'-00" 
West 78 feet, more or less, and North 25°-30'-00" East 68 
feet, more or less, to the place of beginning. 

Including all property, rights, interests, easements 
^nd/or franchises necessary in said Public Utility Right of 
Way and the construction and maintenance of said Sanitary 
Sewer in said Public Utility Right of Way, the location 
and course of said Public Utility Right of Way being 
shown on a plat thereof numbered 317-A-13B, prepared by 
the Surveys and Records Division ^nd filed in the office of 
the Director of the Department of Public Works on the 
thirteenth (13th) day of November, 1973. 

Any mention or reference to any streets, roads, avenues, 
highways or alleys in this ordinance or on the plat referred 
to herein are for the purpose of description only, and shall 
not be held or taken to be any evidence whatever that said 
streets, roads, avenues, highways, alleys or any of them, are 
public, dedicated or private thoroughfares. 

Sec. 2. And he it further ordained, That the Director 
of the Department of Public Works or the person or persons 
the Board of Estimates of Baltimore City may hereafter 
from time to time designate, is or are hereby authorized to 
acquire on behalf of the Mayor and City Council of Balti- 
more, and for the purposes described in this ordinance, 
the fee simple interests or such other interests as the said 
Director may deem necessary or sufficient, in and to said 
pieces or parcels of land and improvements thereupon, 
including all property, rights, interests, easements 
and/or franchises necessary in said Public Utility Right of 
Way and the construction and maintenance of said Sani- 
tary Sewer in said Public Utility Right of Way. If the said 
Director of the Department of Public Works, or person or 
persons the Board of Estimates of Baltimore City may des- 
ignate ^re unable to agree with the owner or owners on the 
purchase price of any of the said pieces or parcels of land 
and improvements thereupon or for any of the said prop- 
erties, rights, interests, easements and/or franchises, they 
shall forthwith notify the City Solicitor of Baltimore City 
who shall thereupon institute in the name of the Mayor and 



214 ORDINANCES Ord. No. 553 

City Council of Baltimore the necessary legal proceedings 
to acquire by condemnation the fee simple interests or such 
other rights, interests, easements and/or franchises as the 
said Director may deem necessary or sufficient for the pur- 
poses of said Public Utility Right of Way. 

Sec. 3. And be it further ordained, That the proceedings 
for the acquisition by condemnation of the property and 
rights herein described and the rights of all parties inter- 
ested or affected thereby shall be regulated by and be in 
accordance with the provisions of Article 33A of the Code of 
Public General Laws of the State of Maryland, and any and 
all amendments thereto. 

Sec. 4. And be it further ordained, That the said Director 
of the Department of Public Works or person or persons 
the Board of Estimates of Baltimore City may des- 
ignate are also hereby authorized to negotiate for and to 
enter into in the n^ame of the Mayor and City Council of 
Baltimore, any and all necessary agreements with the 
Federal and State Governments, or any of their agencies, 
and any other persons, firms or corporations, in aid of, 
in furtherance of, or in connection with said Public Utility 
Right of Way; aH such acquisitions and agreements to be 
subject to the approval of the Board of Estimates. 

Sec. 5. And be it further ordained, That after the neces- 
sary agreements have been made and the necessary prop- 
erties, lands, rights, easements and/or franchises h^ve 
been acquired as hereinbefore provided, the Director of the 
Department of Public Works of Baltimore City is hereby 
authorized and directed to construct or cause to be con- 
structed the said Sanitary Sewer in said Public Utility 
Right of Way, all in accordance with detailed plans here- 
after to be prepared therefore and after said plans have 
been approved by the said Director of the Department of 
Public Works. 

Sec. 6. And be it further ordained, That this ordinance 
shall take effect from the dMe of its passage. 

Approved March 19, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 21S 

No. 554 
(Council No. 1227) 

An Ordinance to add a new Section 177-G to Article 19 of 
the Baltimore City Code (1966 Edition), title "Police 
Ordinances," subtitle "Special Sanitary Enforcement 
Officers — Citations," making it unlawful to violate a 
written promise to appear made upon the issuance of a 
citation and providing that if a person fails to appear 
the judge^ shall issue a warrant for his arrest or a sum- 
mons to a new trial. 

Section 1. Be it ordained by the Mayor and City Courts 
cil of Baltimore, That a new Section 177-G be and it is 
hereby added to Article 19 of the Baltimore City Code (1966 
Edition), title "Police Ordinances," subtitle "Special Sani- 
tary Enforcement Officers — Citations," to read as follows: 

177-G. Failure to obey citation. 

(1) Violation of promise to appear unlawful. — It shall 
be unla\^rful for any person to violate his written promise 
to appear given to an officer upon the issuance of a citation 
regardless of the disposition of the charge for which the 
citation was originally issued. 

(2) Issuance of warrant or summons. — If any person 
fails to appear in accordance with his promise, the District 
Court Judge or Commissioner shall issue a warrant for the 
arrest of the person or in lieu of the warrant, shall send, by 
registered mail with return receipt requested, a summons 
to the person at his last known address setting the case for 
trial on a date at least two weeks subsequent to the original 
date of trial. All costs and expenses incurred by the sheriff 
in the execution of the warrant shall be assessed against 
and collected from the person so arrested by the District 
Court judge to whom the writ is returnable, and by him 
remitted to the sheriff who shall have executed the warrant. 

Sec. 2. And he it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved March 19, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



216 ORDINANCES Ord. No. 555 

No. 555 

(Council No. 1228) 

An Ordinance authorizing and providing for the issuance 
by the Mayor and City Council of Baltimore, Maryland 
of its revenue bonds, designated "Pollution Control 
Revenue Bonds (Allied Chemical Corporation Project), 
1974 Series," in the aggregate principal amount of not 
exceeding $10,000,000 pursuant to the provisions of Sec- 
tions 266-A to 266-1, inclusive, of Article 41 of the An- 
notated Code of Maryland (1971 Replacement Volume, 
as amended) in order to loan the proceeds to Allied 
Chemical Corporation, a New York corporation, for the 
sole and exclusive purpose of financing the acquisition 
by such corporation of certain pollution control facilities 
in the City of Baltimore as provided in this ordinance; 
making certain legislative findings, among others, con- 
cerning the public benefit and purpose of the revenue 
bonds; providing that such revenue bonds (a) shall be 
payable solely and only from revenue derived from pay- 
ments by such corporation to the City on the loan and 
(b) shall not ever constitute, within the meaning of any 
constitutional or charter provision or otherwise (i) an in- 
debtedness of the City of Baltimore, Maryland or any 
other political subdivision or (ii) a charge against the 
general credit or taxing powers of such City ; prescribing 
the terms, conditions, security, form and tenor of such 
bonds; authorizing the private sale of such bonds; pro- 
viding that certain matters pertaining to such revenue 
bonds, including (without limitation) interest rate, sink- 
ing fund requirements, redemption provisions, appoint- 
ment of a trustee, form of official statement and bond 
purchase agreement, shall be determined at the time of 
such private sale by resolution of the Commissioners 
of Finance ; providing for the authentication and delivery 
thereof; creating a construction fund and bond fund to 
be held by the trustee; providing for the investment of 
moneys held by the trustee; providing remedies for bond- 
holders in the event of default; providing for the enact- 
ment of supplemental ordinances; ^nd generally pro- 
viding for and determining various matters in connec- 
tion with the authorization, issuance, security, sale and 
payment of such revenue bonds. 



ORDINANCES 217 

RECITALS 

By Chapter 352 of the Laws of Maryland of 1972, the 
General Assembly of Maryland repealed and re-enacted, 
with amendments, Sections 266-A to 266-1, inclusive, of 
Article 41, of the Annotated Code of Maryland (1971 Re- 
placement Volume, as amended) (the "Act"). The Act 
now empowers all the counties and municipalities of the 
State of Maryland to issue revenue bonds and to loan the 
proceeds of the sale of such revenue bonds to ^n industrial 
concern to finance the acquisition by such industrial concern 
of pollution control facilities. The Act declares it to be the 
legislative purpose to relieve conditions of unemployment 
in the State, to encourage the increase of industry and a 
balanced economy in the State, to assist in the retention 
of existing industry in the State through the control, reduc- 
tion or abatement of pollution of the environment, to pro- 
mote economic development, to protect natural resources 
and in this manner to promote the health, welfare and 
safety of the residents of each of the counties and munic- 
ipalities of the State of Maryland. 

The Mayor and City Council of Baltimore (the "City'*) 
hjas determined to issue and sell not exceeding $10,000,000 
principal amount of its Pollution Control Revenue Bonds 
(Allied Chemical Corporation Project), 1974 Series (the 
"Bonds") and to loan the proceeds of such Bonds to Allied 
Chemical Corporation, a New York corporation (the "In- 
dustry") and an industrial concern as mentioned in the 
Act, on the terms and conditions set forth in the Loan 
Agreement provided by this Ordinance, in order to finance 
the Industry's acquisition of certain pollution control fa- 
cilities (the "Pollution Control Facilities") at the Industry's 
Plant in the City of Baltimore, to control, reduce and abate 
pollution of the environment of the State of Maryland 
and of the City and thus protect natural resources, to en- 
courage economic development, and to protect the health, 
welfare ^nd safety of the citizens of this State and this 
City. 

This Ordinance authorizes and consummates a transac- 
tion which the Industry proposed to the City in accordance 
with Section 266B(d) of the Act by a letter of intent dated 
December 14, 1973. 



218 ORDINANCES Ord. No. 555 

Secttion 1. Be it ordained by the Mayor and City Council 
of Baltimore, That, acting pursu;ant to the Act, it is hereby- 
found and determined, as follows : 

(1) The issuance of revenue bonds by the City pur- 
suant to the Act in order to loan the proceeds to the In- 
dustry for the sole and exclusive purpose of acquiring 
pollution control facilities within the meaning of the Act 
will facilitate and expedite the acquisition, construction, in- 
stallation And equipping of such pollution control facilities 
by the Industry ; 

(2) The acquisition of the Pollution Control Facilities 
by the Industry and the financing thereof provided in 
this Ordinance will (a) promote the declared legislative pur- 
poses of the Act through furtherance of the control, reduc- 
tion or abatement of pollution of the environment, and 
(b) facilitate compliance with the requirements of Federal, 
State and local laws and regulations governing the control, 
reduction or abatement of pollution of the environment, 
and thus will (i) sustain jobs and employment opportuni- 
ties and aid in maintaining employment, thus relieving con- 
ditions of unemployment in the State of Maryland and in 
the City; (ii) encourage the increase of industry and a 
b;alanced economy in the State of Maryland and in the 
City; (iii) assist in the retention of existing industry in the 
St^te of Maryland and in the City; (iv) promote economic 
development; (v) protect natural resources; and (vi) pro- 
mote the health, welfare and safety of the residents of the 
City of Baltimore, and of the State of Maryland. 

(3) In addition to authorizing the City itself to acquire 
the Pollution Control Facilities and either to lease or to 
sell the Pollution Control Facilities to the Industry, the Act, 
as an alternative procedure, also authorizes pollution con- 
trol financing to be accomplished in the form of a loan to 
the Industry. The loan form of transaction avoids indirect 
costs and burden on the City by not requiring any direct 
involvement by the City in the construction, ownership or 
administration of the Pollution Control Facilities; it per- 
mits, however, ample controls to be imposed on the use of 
the Bond proceeds to insure that the public purposes of 
the Act and the revenue bonds are fully accomplished. It 
is, therefore, in the best interests of the citizens of the 



ORDINANCES 219 

City of Baltimore, Maryland, to finance the Pollution 
Control Facilities by a loan to the Industry. This Ordinance 
contemplates and authorizes a transaction in the form of 
a loan of the revenue Bond proceeds by the City to the 
Industry, rather th^n a transaction in the form of a lease 
or sale of the Pollution Control Facilities. Accordingly, this 
Ordinance, together with the Loan Agreement authorized 
herebj^ contains such provisions as the City deems appro- 
priate to effect the financing of the Pollution Control Facili- 
ties by the loan form of transaction. 

(4) Neither bonds nor interest coupons issued under 
the authority of the Act constitute an indebtedness of the 
City or a charge against the general credit or taxing powers 
of the City within the meaning of any constitutional pro- 
vision or provision of the City Charter or statutory limita- 
tion and shall never constitute or give rise to any pecuniary 
liability of the City. The principal amount of the loan and 
the payments to be made by the Industry pursuant to the 
Loan Agreement authorized hereby will be paid directly 
to, and will be disbursed by, an independent Trustee ap- 
pointed hereby; no such moneys will be commingled with 
the City's funds or will be subject to the absolute control 
of the City but only to such limited supervision and checks 
as are deemed necessary or desirable to insure that the 
Bond proceeds ^re used to accomplish the public purposes 
of the Act and this Ordinance. The transactions authorized 
hereby do not constitute any physical public betterment 
or improvement or the acquisition of property by the City ; 
the public purposes expressed in the Act are intended to be 
achieved by facilitating the acquisition of pollution control 
facilities by the Industry. 

(5) The City will acquire no interest in the Pollution 
Control Facilities either on its own behalf or for the pur- 
pose of creating any security for the Bonds, which security 
shall be solely and exclusively the absolute, irrevocable, 
unconditional obligation of the Industry to make the pay- 
ments required by the Loan Agreement. Accordingly, 
this Ordinance definitely fixes and determines the amount 
of revenue derived from payments on the loan which is 
necessary to be set Apart and applied to the payment of 
principal, interest or premium of the Bonds. 



220 ORDINANCES Ord. No. 555 

(6) (a) No part or portion of the Receipts and Reve- 
nues of the City from the Loan, as defined in this Ordi- 
nance, shall be set aside as a depreciation account (men- 
tioned in the Act) since neither the City nor the Bond- 
holders desire, or are creating, any interest in the 
Pollution Control Facilities ;and such a depreciation account 
would (i) be inconsistent with the form of loan transac- 
tion, and (ii) place an unreasonable burden on the In- 
dustry so as to effect the feasibility of the transaction and 
thus frustrate the legislative purposes of the Act and (b) 
a covenant such as that permitted by Section 266G(c) 
of the Act is similarly inconsistent with the form of trans- 
action authorized hereby in which neither the City nor 
the Bondholders obtain or retain an interest in the Pollu- 
tion Control Facilities and is, therefore, a procedure which 
is not contemplated by the Act in connection with this 
transaction. 

Sec. 2. And be it further ordained, That the issuance, 
sale and delivery of not exceeding $10,000,000 aggregate 
principal amount of Pollution Control Revenue Bonds (Al- 
lied Chemical Corporation Project), 1974 Series, is hereby 
authorized subject to the provisions of this Ordinance, such 
Bonds to be solely and exclusively payable from, and 
secured by, the revenue derived from payments on the 
loan to the Industry as provided herein. 

The Commissioners of Finance of the City are hereby 
authorized, in conjunction with representatives of the In- 
dustry and the prospective purchasers of the Bonds, to 
cause an official statement to be prepared for distribution 
to prospective purchasers of the Bonds. Such official state- 
ment shall be presented to the Commissioners of Finance 
for final approval by resolution ^t the time the Commis- 
sioners of Finance act upon a resolution or resolutions 
determining the matters required by this Ordinance to be 
determined prior to the sale of the Bonds. Nothing con- 
tained in this Ordinance shall be deemed to preclude the 
distribution, prior to final approval by the Commissioners 
of Finance, of a preliminary official statement; provided 
that such preliminary official statement shall be clearly 
marked to indicate that it is subject to such final approval. 



ORDINANCES 221 

It is hereby found and determined that the best interests 
of the City will be served by selling the Bonds at private 
sale, as authorized by the Act, upon terms and conditions 
approved by the Commissioners of Finance by resolution 
adopted prior to the sale of the Bonds. Such resolution 
shall authorize the Mayor to execute a bond purchase 
agreement with the purchasers of the Bonds. Such resolu- 
tion, or supplementary resolutions adopted concurrently 
therewith, shall also prescribe (i) the maturities and the 
interest rate or rates to be borne by the Bonds, (ii) cer- 
tain redempjtion provisions for the Bonds as provided in 
Section 3.01 of this Ordinance, (iii) the sinking fund require- 
ments, if any, for the Bonds as provided in Section 3.02 of 
this Ordinance, and (iv) such other matters as may be 
required by this Ordinance or deemed appropriate by the 
Commissioners of Finance. 

Sec. 3. And he it further ordained, That the Bonds and 
coupons are to be issued, authenticated and delivered, and 
all property subject to or to become subject to this Ordi- 
nance, including the Receipts and Revenues of the City 
from the Loan (as herein defined), is to be held and ap- 
plied, upon and subject to the following covenants, con- 
ditions, uses and trusts; and the City, for itself and its 
successors, does hereby covenant and agree to and with 
the Trustee and its successors in the trust and with all 
those who shall, from time to time, hold the Bonds and 
coupons, or any of them, for the benefit of all such holders, 
as follows : 

ARTICLE I 

DEFINITIONS 

The terms defined in this Article I shall, for aH purposes 
of this Ordinance and of all ordinances or resolutions sup- 
plemental hereto now or hereafter entered into in ac- 
cordance with the provisions hereof, have the meaning^ 
herein specified, unless the context clearly otherwise re- 
quires : 

"Act" shall mean Sections 266-A to 266-1, inclusive, of 
Article 41 of the Annotated Code of Maryland (1971 Re- 
placement Volume, as amended), as re-enacted by Chapter 



222 ORDINANCES Ord. No. 555 

352 of the Laws of Maryland of 1972, and all future acts 
supplemental thereto or amendatory thereof. 

"Additional Bonds" means the Bonds of the City issued 
under Section 2.09 of this Ordinance. 

"Baltimore Plant" shall mean the Block Street chemical 
factory located within the City and owned and operated 
by the Industry. 

"Bond" or "Bonds" means the Pollution Control Revenue 
Bonds of the City of all Series from time to time authenti- 
cated and delivered under this Ordinance. The 1974 Series 
Bond means the Bonds identified as such in Section 2.02 
hereof. 

"Bond Fund" means the fund created in Section 5.02 
hereof. 

"Bondholder" or "Holder" or "Owner of the Bonds" 
means the bearer of any coupon Bond and the registered 
owner of any Bond. 

"City" means the Mayor ^nd City Council of Baltimore, 
a body politic and corporate and a political subdivision of 
the State of Maryland, and its successors and assigns. 

"Commissioners of Finance" means that board of finance 
known as the Commissioners of Finance of the City of Bal- 
timore, Maryland. 

"Construction Fund" means the fund created by Sec- 
tion 6.02 hereof. 

"Coupon" or "coupons" means any interest coupon or 
all the interest coupons, as the case may be, appertaining 
to the Bonds. 

The term "Default" or "Event of Default" means any 
of those defaults specified in and defined by Section 10.01 
hereof. 

"Extraordinary Services" and "Extraordinary Ex- 
penses" means all services rendered and all expenses in- 
curred under the Ordinance other than Ordinary Services 
and Ordinary Expenses. 

"Industry" means Allied Chemical Corporation, a New 
York corporation, and its successors and assigns and any 



ORDINANCES 223 

surviving, resulting or transferee corporation as provided 
in Section 6.3 of the Loan Agreement. 

"Loan Agreement" means the Loan Agreement to be 
executed prior to the issuance of the Bonds by and be- 
tween the City ^nd the Industry, and any amendments 
or supplements thereto, and shall include the Note issued 
thereunder. 

"Mayor and City Council" means the governing body of 

the City of Baltimore, Maryland and any successor body. 

"Note" means the note executed by the Industry in 
substantially the form provided in Exhibit B to the Loan 
agreement, as required by Section 4.01 hereof. 

"Ordinance" me^ns this Ordinance and any ordinance 
or resolution (or other action or instrument authorized by 
this Ordinance) supplemental hereto or amendatory hereof. 

"Ordinary Services" and "Ordinary Expenses" means 
those services normally rendered and those expensea 
normally incurred by a trustee under instruments similar 
to this Ordinance. 

The term "Outstanding" or "Bonds Outstanding" means 
all Bonds which have been duly authenticated and de- 
livered by the Trustee under this Ordinance, except : 

(a) Bonds theretofore cancelled by the Trustee or 
theretofore delivered to the Trustee for cancellation ; 

(b) Bonds for the payment or redemption of which 
cash funds or securities, as provided in Section 9.01 hereof 
shall have been theretofore deposited with the Trustee 
(whether upon or prior to the maturity or redemption 
date of any such Bonds) ; provided that if such Bonds are 
to be redeemed prior to the maturity thereof, notice of 
such redemption shall have been given or arrangements 
satisfactory to the Trustee sh^ll have been made therefor, 
or waiver of such notice satisfactory in form to the Trustee, 
shall have been filed with the Trustee ; and 

(c) Bonds in lieu of which others have been authenti- 
cated under Section 2.07 hereof, unless proof satisfactory 
to the Trustee is presented to the Trustee that any such 
Bonds are held by bona fide purch^ers as that term is 



224 ORDINANCES Ord. No. 555 

defined in Subtitle 8 of Article 95B of the Annotated Code 
of Maryland (Maryland Uniform Commercial Code), as 
amended, in which case the Bond or Bonds so replaced and 
the Bond or Bonds authenticated and delivered therefor 
shall be deemed outstanding. 

"Person" means natural persons, firms, associations, 
corporations and public bodies. 

"Pollution Control Facilities" means the facilities de- 
signed to collect, treat and dispose of atmospheric emis- 
sions and the industrial effluent originating at the Balti- 
more Plant, which are generally described in Exhibit A to 
the Loan Agreement and which are pollution control facili- 
ties within the meaning of Section 103 (c) (4) (F) of the 
Internal Revenue Code of 1954, as amended. 

"Receipts and Revenues of the City from the Loan" 
means ;all moneys payable by the Industry to the City 
under the Loan Agreement and all other revenues of the 
City attributable to the financing of the Pollution Con- 
trol Facilities. 

"Treasurer" means the Treasurer or Deputy Treasurer 
of the City of Baltimore. 

"Trust Estate" means at any particular time all moneys 
which at such time are deposited or are required to be de- 
posited with the Trustee or to be held in trust under any 
of the provisions of this Ordinance and all property which 
at such time is covered or intended to be covered by the 
claim of the Trustee under this Ordinance. 

"Trustee" means the trust company or banking cor- 
por;ation and its successor or successors as trustee here- 
under, designated prior to the issuance of the Bonds by 
resolution of the Commissioners of Finance. 

ARTICLE II 

DESCRIPTION, AUTHORIZATION, MANNER OF 
EXECUTION, AUTHENTICATION, REGISTRATION 
AND TRANSFER OF BONDS 

Section 2.01. The City shall be obligated to pay the 
principal of, the interest on, and the redemption premium 



ORDINANCES 225 

(if any) on, the Bonds only out of the Receipts and 
Revenues of the City from the Loan pledged for the pay- 
ment thereof under this Ordinance, and not otherwise. The 
City may, at its option, pay the principal of, the interest 
on, and the redemption premium (if any) on, the Bonds 
out of any other moneys made available to the City for 
the payment thereof. All the Bonds to be issued hereunder 
shall be equally and ratably secured, to the extent pro- 
vided in this Ordinance, by the Pledge of the Receipts ^nd 
Revenues of the City from the Loan. 

Section 2.02. There is hereby created for issuance under 
this Ordinance a series of Bonds in the aggregate principal 
amount of not exceeding $10,000,000 each of which shall 
bear the descriptive title "City of Baltimore, Maryland, 
Pollution Control Revenue Bond (Allied Chemical Corpora- 
tion Project), 1974 Series." The Bonds shall be dated, 
shall be issued as coupon Bonds in the denomination of 
$5,000 each, registrable as to principal only or as fully 
registered bonds in the denomination of $5,000 or multiples 
thereof, shall mature, shall be numbered, shall bear such 
r^te or rates of interest from their date until maturity or 
until the date fixed for redemption, all as provided in a 
resolution of the Commissioners of Finance adopted prior 
to the sale of the Bonds. Such interest shall be payable 
semi-annually, and the Bonds shall be subject to the right 
of prior redemption at the prices and dates set forth in 
said resolution of the Commissioners of Finance and upon 
the terms and conditions hereinafter set forth. 

The principal of, and interest on, and premium (if any) 
payable upon the redemption of, the Bonds shall be paid 
in any coin or currency of the United States of America 
which, at the respective times of payment, is legal tender 
for the payment of public ^nd private debts at the principal 
office of the Trustee or its successor in trust. 

Section 2.03. The Bonds shall be executed on behalf 
of the City by the Mayor of the City and the corporate 
seal of the City or a facsimile thereof shall be impressed 
or reproduced thereon and attested by the City Treasurer 
or Deputy City Treasurer, provided that at least one of 
s^id signatures shall be a manual signature. The coupons 
attached to the coupon Bonds shall be executed bv the 



226 ORDINANCES Ord. No. 555 

facsimiles of the official signatures of said City Treasurer 
or Deputy City Treasurer and such facsimiles shall have 
the same force and effect as if said City Treasurer or 
Deputy City Treasurer had manually sigfned each of the 
coupons. The Bonds, together with interest thereon, shall 
be limited obligations of the City payable from the Bond 
Fund and shall be a valid claim of the respective holders 
thereof only against Receipts and Revenues of the City 
from the Loan which (except amounts paid by the In- 
dustry pursuant to Sections 6.5 and 8.4 of the Loan Agree- 
m'^iit) are hereby pledged ^nd assigned for the equal and 
ratable payment of the Bonds and the coupons and shall 
be used for no other purpose than to pay the principal of, 
premium, if any, and interest on the Bonds, except as may 
be otherwise expressly authorized in this Ordinance. Neither 
the Bonds nor the coupons shall ever constitute an indebt- 
edness or a charge against the general credit or taxing 
power of the City within the meaning of any state con- 
stitutional or charter provision or statutory limitation and 
shall never constitute nor give rise to a pecuniary liability 
of the City. 

In case any officer whose signature or facsimile signa- 
ture shall appear on the Bonds or coupons shall cease to 
be such officer before the delivery of such Bonds, such 
signature or such facsimile shall nevertheless be valid and 
sufficient for .all purposes, the same as if he had remained 
in office until delivery. 

Section 2.04. Only such Bonds as shall have endorsed 
thereon a certificate of authentication substantially in the 
form hereinafter set forth duly executed by the Trustee 
shall be entitled to any right or benefit under this Ordi- 
nance. No Bond and no coupon appertaining to any Bond 
shall be valid or obligatory for any purpose unless and 
until such certificate of authentication shall have been 
duly executed by the Trustee, and such executed certificate 
of the Trustee upon any such Bond shall be conclusive 
evidence that such Bond has been authenticated and de- 
livered under this Ordinance. The Trustee's certificate of 
authentication on any Bond shall be deemed to have been 
executed by it if signed by an authorized signature of the 
Trustee, but it shall not be necessary that the same person 



ORDINANCES 227 

sign the certificate of authentication on all of the Bonds 
issued hereunder. Before authenticating or delivering any 
Bonds, the Trustee shall detach ^nd cancel all matured 
coupons, if any, appertaining thereto, and such cancelled 
coupons shall be cremated by the Trustee and a certificate 
of cremation or other destruction shall be delivered to the 
Treasurer of the City by the Trustee. 

Section 2.05. The Bonds issued under this Ordinance 
and the coupons attached, if any, thereto shall be sub- 
stantially in "the form hereinafter set forth with such ap- 
propriate variations, omissions and insertions as are per- 
mitted or required by this Ordinance or by a resolution of 
the Commissioners of Finance adopted prior to the sale of 
the Bonds. 

Section 2.06. The City shall execute ^nd deliver to the 
Trustee and the Trustee shall authenticate the Bonds in 
the aggregate principal amount of not exceeding $10,000,000 
and deliver them to the purchaser as may be directed by 
the City as hereinafter in this Section 2.06 provided. 

Prior to the authentication by the Trustee of any of 
the Bonds there shall be filed with the Trustee : 

1. A duly certified copy of this Ordinance. 

2. An original executed counterpart of the Loan Agree- 
ment. 

3. A duly certified copy of the resolution of the Com- 
missioners of Finance setting forth the details relating to 
the Bonds as prescribed by Section 2.02 hereof. 

4. A request and authorization to the Trustee on be- 
half of the City and signed by the Mayor to authenticate 
and deliver the Bonds in the aggregate principal amount 
of not exceeding $10,000,000 to the purchasers therein 
identified upon payment to the Trustee but for account 
of the City of a sum specified in such request and author- 
ization plus accrued interest thereon to the date of delivery. 
Such proceeds sh^ll be paid over to the Trustee and de- 
posited to the credit of the Bond Fund and Construction 
Fund as hereinafter provided under Article VI hereof. 



228 ORDINANCES Ord. No. 555 

Section 2.07. In the event any Bond is mutilated, lost, 
stolen or destroyed, the City may execute and the Trustee 
may authenticate a new Bond of like date, maturity and 
denomination as that mutil,ated, lost, stolen or destroyed, 
which new Bond shall have attached thereto coupons cor- 
responding in all respects to those (if any) on the Bond 
mutilated, lost, stolen or destroyed; provided that, in the 
case of any mutilated Bonds, such mutilated Bond to- 
gether with all coupons (if any) appertaining thereto shall 
first be surrendered to the City, and in the case of any lost, 
stolen or destroyed Bond, there shall be first furnished to 
the City and the Trustee evidence of such loss, theft or 
destruction satisfactory to the City and the Trustee, to- 
gether with indemnity satisfactory to them. In the event 
any such Bond or coupon shall have matured, instead of 
issuing a duplicate Bond or coupon the City may pay the 
same without surrender thereof. The City and the Trustee 
may charge the holder or owner of such Bond with their 
reasonable fees and expenses in this connection. 

Section 2.08. All the Bonds issued under this Ordinance 
shall be negotiable, subject to the provisions for registra- 
tion and transfer contained in this Ordinance and in the 
Bonds. So long as jany of the Bonds shall remain out- 
standing, the City shall maintain and keep, at the principal 
office of the Treasurer, books for the registration and 
transfer of Bonds; and, upon presentation thereof for 
such purpose at said office, the Treasurer sh^H register or 
cause to be registered therein, and permit to be transferred 
thereon, under such reasonable regulations as it or the 
Trustee may prescribe, any Bond entitled to registration 
or transfer. So long as any of the Bonds remain out- 
standing, the City sh.all make all necessary provisions to 
permit the exchange of Bonds at the principal office of the 
Treasurer. 

All coupon Bonds shall pass by delivery, unless regis- 
tered as to principal other than to bearer in the manner 
provided in this Section 2.08. Any coupon Bond may be 
registered as to principal on the books of the City at the 
principal office of the Treasurer, upon presentation thereof 
at said office and the payment of a charge sufficient to 
reimburse the City for any tax or other governmental 
charge required to be paid with respect to such registra- 



ORDINANCES 229 

tion, and such registration shall be noted on such Bond. 
After said registr;ation no transfer thereof shall be valid 
unless made on said books at the written request of the 
registered owner or his attorney duly authorized in writing, 
and similarly noted on such Bond; but such Bond may be 
discharged from registration by being in like manner 
transferred to bearer, after which it shall again become 
transferable by delivery. 

Thereafter such Bond may again, from time to time, 
be registered^ or discharged from registration in the same 
manner. Registration of any coupon Bond as to principal, 
however, shall not affect the negotiability by delivery of 
the coupons appertaining to such Bond, but such coupons 
shall continue to p^ss by delivery and shall remain pay- 
able to bearer. 

As to any coupon Bond registered as to principal other 
than to bearer the person in whose name the same shall 
be registered upon the books of the City may be deemed and 
regarded as the absolute owner thereof, whether such 
Bonds shall be overdue or not, for all purposes, except for 
the purpose of receiving payment of coupons; and pay- 
ment of, or on account of, the principal or redemption 
price, if any, of such Bond shall be made only to, or upon 
the order of, such registered owner thereof, but such reg- 
istration may be changed as above provided. All such pay- 
ments shall be valid and effectual to satisfy and discharge 
the liability upon such Bond to the extent of the sum or 
sums so paid. The City, the Trustee and any paying agent 
may deem and treat the bearer of any coupon as the 
absolute owner thereof, whether such coupon shall be over- 
due or not, for the purpose of receiving payment thereof 
and for all other purposes whatsoever, and m.ay deem and 
treat the bearer of any coupon Bond which shall not at 
the time be registered as to principal other than to bearer, 
or the person in whose name any coupon Bond for the time 
being shall be registered upon the Books of the City, as the 
absolute owner of such Bond, whether such Bond sh^all be 
overdue or not, for the purpose of receiving payment of 
the principal or redemption price thereof and for all 
other purposes whatsoever except for the purpose of re- 
ceiving payment of coupons, and neither the City, nor the 
Trustee nor any paying agent shall be affected by any 



230 ORDINANCES Ord. No. 555 

notice to the contrary. Subject to the provisions of the 
Act, the City agrees to indemnify and save the Trustee and 
each paying agent harmless from and against any and 
all loss, cost, charge, expense, judgment or liability in- 
curred by it, acting in good faith ^nd without negligence 
hereunder, in so treating such bearer or registered owner. 

Each registered Bond without coupons shall be trans- 
ferable only upon the books of the City, which shall be 
kept for that purpose at the principal office of the Treas- 
urer, at the written request of the registered owner thereof 
or his attorney duly authorized in writing, upon surrender 
thereof, together with a written instrument of transfer 
satisfactory to the Treasurer duly executed by the regis- 
tered owner or his duly authorized attorney. Upon the 
transfer of any such registered Bond, the City shall issue 
in the name of the transferee, in authorized denomina- 
tions, a new registered Bond or Bonds without coupons, 
or, at the option of the transferee, coupon Bonds, with 
appropriate coupons attached, of the same aggregate 
principal amount, series, maturity and interest rate as the 
surrendered Bonds. 

The City and the Trustee may deem and tre^t the per- 
son in whose name any outstanding registered Bond with- 
out coupons shall be registered upon the books of the City 
as the absolute owner of such Bond, whether such Bond 
shall be overdue or not, for the purpose of receiving pay- 
ment of, or on account of, the principal and redemption 
price, if any, of and interest on such Bond and for all 
other purposes, ^nd all such payments so made to any 
such registered owner or upon his order shall be valid 
and effectual to satisfy and discharge the liability upon 
such Bond to the extent of the sum or sums so paid, and 
neither the City nor the Trustee shall be affected by any 
notice to the contrary. Subject to the provisions of the 
Act, the City agrees to indemnify and save the Trustee 
harmless from and against any and all loss, cost, charge, 
expense, judgment or liability incurred by it, acting in 
good faith and without negligence hereunder, in so treat- 
ing such registered owner. 

Coupon Bonds, upon surrender thereof at the principal 
office of the Treasurer with all unmatured coupons 



ORDINANCES 231 

attached, may, at the option of the holder thereof, be 
exchanged for an equal aggregate principal amount of 
registered Bonds without coupons of the same series, 
maturity and interest rate of any of the authorized de- 
nominations. 

Registered Bonds without coupons, upon surrender 
thereof at the principal office of the City Treasurer with 
a written instrument of transfer satisfactory to the City 
Treasurer, duly executed by the registered owner or his 
duly Authorized attorney, may, at the option of the regis- 
tered owner thereof, be exchanged for an equal aggregate 
principal amount of coupon Bonds of the same series, 
maturity and interest rate with appropriate coupons 
attached, or of registered Bonds without coupons of the 
same series, maturity and interest r^te of any other 
authorized denominations. 

In all cases in which the privilege of exchanging Bonds 
or transferring registered Bonds without coupons is exer- 
cised, the City shall execute and the Trustee shall authen- 
ticate and deliver Bonds in accordance with the 
provisions of the ordinance. All registered Bonds surren- 
dered in any such exchanges or transfers shall forthwith be 
cancelled by the Trustee. All coupon Bonds and the cou- 
pons appertaining to such Bonds surrendered in any such 
exchanges or transfers shall be retained in the possession 
of the City for the purpose of reissuance upon subsequent 
exchanges and the City, prior to the reissuance of ;any 
such coupon Bonds, shall detach therefrom and cancel all 
matured coupons. For every such exchange or transfer 
of Bonds, whether temporary or definitive, the City or the 
Trustee may make a charge sufficient to reimburse it for 
any tax or other governmental charge required to be paid 
with respect to such exchange or transfer, which sum or 
sums shall be paid by the person requesting such exchange 
or transfer as a condition precedent to the exercise of the 
privilege of making such exchange or transfer. Notwith- 
standing any other provision of this ordinance, the cost 
of preparing each new coupon Bond or registered Bond 
without coupons upon e.ach exchange or transfer, and any 
other expenses of the City or the Trustee incurred in con- 
nection therewith (except any applicable tax or other 
governmental charge) shall be paid from the Bond Fund. 



282 ORDINANCES Ord. No. 555 

The City shall not be obliged to make any such exchange 
or transfer of Bonds during the fifteen (15) days next 
preceding an interest payment date on the Bonds or, in the 
case of 3ny proposed redemption of Bonds, next preceding 
the date of the first publication of notice of such redemp- 
tion. The City shall not be required to make any transfer 
or exchange of any Bonds called for redemption. 

Section 2.09. The City, at the request of the Industry 
and to the extent permitted by law in effect at the time 
thereof, shall use its best efforts to issue Additional Bonds 
from time to time for the purpose of providing additional 
moneys, to be used for the purpose of completing the 
Pollution Control Facilities or to provide additional pollu- 
tion control facilities which shall become part of the 
Pollution Control Facilities, on a parity with the Bonds and 
any Additional Bonds theretofore or thereafter issued and 
payable from the Bond Fund. Before any Additional Bonds 
are authenticated there shall be delivered to the Trustee the 
items required therefor by Section 2.10 hereof. The proceeds 
of any Additional Bonds shall be used solely to pay the costs 
of completing the Pollution Control Facilities or of improve- 
ment or acquisition of the Pollution Control Facilities and 
to pay the costs incident to the issuance of the Additional 
Bonds, in accordance with Section 6.7 of the Loan Agree- 
ment, 

Such Additional Bonds shall be issued in such series and 
principal amounts, shall be dated, shall bear interest at 
such rate or rates, shall be subject to redemption at such 
times and prices, and shall mature in such years as the 
ordinance supplemental hereto authorizing the issuance 
thereof shall fix and determine, and shall be deposited with 
the Trustee for authentication and delivery. 

Section 2.10. Upon the adoption in each instance of an 
appropriate ordinance supplemental hereto the City shall 
execute and deliver to the Trustee, and the Trustee shall 
authenticate, such Additional Bonds and deliver them to the 
purchaser or purchasers as may be directed by the City, 
as hereinafter in this Section 2.10 provided. Prior to the 
delivery by the Trustee of any such Bonds there shall be 
filed with the Trustee : 



ORDINANCES 233 

(1) A valid and effective amendment to the Loan 
Agreement, pursuant to Section 10.6 thereof, providing for 
an increase in the obligations of the City and the Industry 
ill accordance with Section 4.3 of the Loan Agreement. 

(2) A duly enacted supplemental ordinance providing 
for the issuance of such new series of Additional Bonds. 

(3) A duly certified copy of the resolution of the Com- 
missioners of Finance providing the terms of such Addi- 
tional Bonds. 

(4) A request and authorization to the Trustee on 
behalf of the City and signed by the Mayor to deliver such 
Bonds to the purchaser or purchasers therein identified 
upon payment to the Trustee, for the account of the City 
of a specified sum plus any accrued interest. The proceeds 
of such Bonds shall be paid over to the Trustee and de- 
posited to the credit of the Bond Fund and Construction 
Fund as hereinafter provided under Article VI hereof. 

Section 2.11. 1. One or more series of refunding Bonds 
may be authenticated and delivered upon original issuance 
to refund all but not less than all the Bonds of one or 
more series then outstanding. Refunding Bonds shall be 
issued in a principal amount sufliicient, together with other 
moneys available therefor, to accomplish such refunding 
and to make the deposits in the Bond Fund required by the 
provisions of this Section or by the provisions of the sup- 
plemental ordinance authorizing such Bonds. 

2. Refunding Bonds of each series issued to refund one 
cr more series of Bonds then outstanding shall be authen- 
ticated and delivered by the Trustee only upon receipt by 
it (in addition to the documents required by Section 2.06) 
of: 

( 1 ) Irrevocable instructions to the Trustee, satisfactory 
to it, to give due notice of redemption of all the Bonds to 
be refunded on a redemption date specified in such in- 
structions ; 

(2) If the Bonds to be refunded are not by their terms 
subject to redemption within the next succeeding 60 days, 
irrevocable instructions to the Trustee, satisfactory to it, 
to make due publication of the notice provided for in Sec- 
tion 3.03 to the holders of the Bonds then outstanding and 
coupons being: refunded ; 



234 ORDINANCES Ord. No. 555 

(3) Either (i) moneys in an amount sufficient to effect 
payment at the applicable redemption price of the Bonds 
to be refunded, together with accrued interest on such 
Bonds to the redemption date, which moneys shall be held 
by the Trustee in a separate account irrevocably in trust 
for and assigned to the respective holders of the Bonds to 
be refunded, or (ii) investments in such principal amounts, 
of such maturities, bearing such interest, and otherwise 
having such terms and qualifications, as shall be necessary 
to comply with the provisions of Section 9.01 hereof and 
any moneys required pursuant to said Section 9.01 hereof, 
which investments and moneys shall be held in trust and 
used only as provided in said Section 9.01 hereof. 

The proceeds, including accrued interest, of the refund- 
ing Bonds of each such series shall be applied simultane- 
ously with the delivery such Bonds in the manner pro- 
vided in the supplemental ordinance authorizing such 
Bonds. 

3. Any balance of the proceeds of refunding Bonds not 
needed for the purposes provided in this Section or in the 
supplemental ordinance authorizing such Bonds shall be 
deposited in the Bond Fund. 

ARTICLE III 

REDEMPTION 

Section 3.01. In the manner and with the effect pro- 
vided in this ordinance, the Bonds will be subject to 
redemption prior to maturity, either at the option of the 
City or pursuant to certain provisions of this ordinance, 
as follows : 

(1) The Bonds may be redeemed prior to maturity on 
or after any date specified and at the times and in the 
amounts specified by resolution of the Commissioners of 
Finance either as a whole at any time or in part from 
time to time on any interest payment date, by application 
of any moneys available for that purpose, other than 
moneys deposited in the Bond Fund in accordance with the 
sinking fund provisions and moneys from the sources 
described in (2) below, upon pajTnent in each case of the 
applicable redemption price, expressed as a percentage of 



ORDINANCES 235 

principal amount of the Bonds to be redeemed, as set forth 
in a resolution of the Commissioners of Finance and adopted 
prior to the sale of the Bonds, plus accrued interest to the 
redemption date. 

(2) The Bonds also may be redeemed (a) as a whole 
at any time upon the exercise by the Industry of its option 
to terminate the Loan Agreement as provided in Section 
9.2 thereof, or (b) in part, at any time, in inverse order 
of maturities (by lot within a maturity) upon the exercise 
by tlie Industry of its option of a partial prepayment of 
the loan as pfovided in Section 9.3 of the Loan Agreement. 
Any of such Bonds are to be redeemed in the manner 
provided in this Article III, at the principal amount thereof, 
plus accrued interest to the redemption date. 

(3) The Bonds are subject to redemption in accord- 
ance Vv^th the sinking fund provisions of Section 3.02 hereof 
in the manner provided in this Article III, at the princi- 
pal amount thereof plus accrued interest to the redemp- 
tion date. 

In the case of registered Bonds without coupons of 
denominations greater than $5,000, if less than all of such 
Bonds then outstanding are to be called for redemption, 
then for all purposes in connection with redemption, each 
$5,000 of principal amount shall be treated as though it 
was a separate bond of the denomination of $5,000 bearing 
one of the numbers borne by such registered Bond without 
coupons. If it is determined that one or more, but not all 
of the $5,000 units of principal amount represented by 
any such registered Bond without coupons is to be called 
for redemption, then upon notice of intention to redeem 
such $5,000 unit or units, the ov/ner of such registered Bond 
without coupons shall forthwith surrender such Bond to 
the Trustee (1) for payment of the redemption price 
(including the redemption premium, if any, and interest 
to the date fixed for redemption) of the $5,000 unit or 
units of principal amount called for redemption and (2) 
in exchange for a new Bond or Bonds of the aggregate 
principal amount of the unredeemed balance of the prin- 
cipal amount of such registered Bond without coupons and 
of like maturity and interest rate, and such new Bond or 
Bonds shall be numbered corresponding to the numbers of 
the $5,000 units of principal amount not called for redemp- 



236 ORDINANCES Ord. No. 555 

tion. New Bonds representing the unredeemed balance of 
the principal amount of such registered Bond without cou- 
pons shall be issued to the registered owner thereof, with- 
out charge therefor. If the owner of any such registered 
Bond without coupons of a denomination greater than 
$5,000 shall fail to present such Bond to the Trustee for 
payment and exchange as afores^aid, such Bond shall, 
nevertheless, become due and payable on the date fixed 
for redemption to the extent of the $5,000 unit or units 
of principal amount called for redemption (and to that 
extent only) ; interest shall cease to accrue on the portion 
of the principal amount of such Bond represented by such 
$5,000 unit or units of principal amount on and after the 
date fixed for redemption provided that funds sufficient for 
the payment of the redemption price shall have been de- 
posited with the Trustee, and shall be available for the 
redemption of said $5,000 unit or units on the date fixed 
for redemption and, in such event, such Bond sh^ll not be 
entitled to the benefit or security of this ordinance to the 
extent of the portion of its principal amount (and accrued 
interest thereon to the date fixed for redemption and appli- 
cable premium, if any) represented by such $5,000 unit or 
units of principal amount, nor shall new Bonds be there- 
after issued coresponding to said unit or units. 

Section 3.02. As and for a sinking fund for the retire- 
ment of the Bonds subject to the sinking fund provisions 
provided herein, the City sh^ll cause to be deposited in the 
Bond Fund at least one business day before each sinking 
fund payment date out of the payments under the Loan 
Agreement an amount sufficient to redeem or to pay (after 
credit as provided below) the principal amounts of such 
Bonds subject to the sinking fund provisions provided 
herein on the dates and the amounts specified in the resolu- 
tion of the Commissioners of Finance. 

At its option, to be exercised prior to the forty-fifth day 
next preceding any sinking fund payment date, the City 
may (i) cause to be paid to the Trustee for deposit in the 
Bond Fund, as an advance payment of Receipts and Reve- 
nues of the City from the Loan, such amount of funds as 
the Industry may determine, with written instructions to the 
Trustee, signed in the name of the Industry by ^n author- 
ized officer thereof, to apply such funds prior to said 



ORDINANCES 287 

forty-fifth day to the purchase of Bonds subject to the 
sinking fund provisions, or (ii) deliver to the Trustee for 
cancellation any principal amount of Bonds subject to the 
sinking fund provisions, or (iii) receive a credit in respect 
of its sinking fund payment for any such Series which 
prior to said sinking fund payment date have been pur- 
chased or redeemed (otherwise than through the operation 
of the sinking fund) and cancelled by the Trustee and 
not theretofore applied as a credit against any sinking 
fund payment. 

Upon receipt of the funds and instructions specified in 
(i), the Trustee shall use all reasonable efforts to expend 
such funds as nearly ^as may be practicable in the pur- 
chase of such Bonds at not exceeding the principal amount 
thereof plus accrued interest to such sinking fund pay- 
ment date on or prior to such sinking fund payment date. 
Any such funds not so expended by the Trustee shall be 
retained in the Bond Fund, shall not thereafter be used 
for the purchase of Bonds and shall be ;applied as herein 
otherwise provided for moneys in the Bond Fund. Bonds so 
purchased or presented for cancellation as provided above 
shall be cancelled by the Trustee as provided in Section 
3.04 hereof and shall be credited, at their principal amount, 
until the full amount thereof has been so credited ;against 
the next ensuing and future sinking fund payments in 
chronological order to the extent otherwise payable out of 
the Receipts and Revenues of the City from the Loan. 

Section 3.03. In the event any of the Bonds are called 
for redemption, the Trustee shall give notice, in the name 
of the City, of the redemption of such Bonds, which notice 
shall specify the maturities of the Bonds to be redeemed, 
the redemption date and the place or places where amounts 
due upon such redemption will be payable and, if less than 
all of the Bonds of any maturity are to be redeemed, the 
numbers of such Bonds so to be redeemed. Such notice 
shall be given by publication at least once not less th^n 30 
days nor more than 60 days prior to the redemption date 
in a newspaper or financial journal of general circulation 
published in the City of New York, New York, and in the 
case of the redemption of fully registered Bonds upon 
mailing a copy of the redemption notice by first class mail 
at least thirty days prior to the date fixed for redemption 



238 ORDINANCES Ord. No. 555 

to the holder of each registered Bond to be redeemed at 
the address shown on the registration books; provided, 
however, that failure to give such notice by mailing or any 
defect therein, shall not affect the validity of any proceed- 
ings for the redemption of Bonds. If all of the Bonds to be 
redeemed ^re registered Bonds, notice by mailing given by 
first class mail to the holder or holders thereof, at the 
addresses shown on the registration books, not less than 
thirty days prior to the date fixed for redemption as afore- 
said shall be sufficient, and published notice of the call 
for redemption need not be given, and failure duly to give 
such notice by mailing, or any defect in the notice, to the 
holder of ^ny registered Bond designated for redemption 
shall not affect the validity of the proceedings for the 
redemption of any other Bond. All Bonds so called for re- 
demption will cease to bear interest on the specified redemp- 
tion date, provided funds for their redemption are on deposit 
with the Trustee and shall no longer be protected by the 
ordinance and shall not be deemed to be outstanding under 
the provisions of the ordinance. If, because of the tempo- 
rary or permanent suspension of the publication or general 
circulation of any newspaper or financial journal or for 
any other reason, it is impossible or impracticable to pub- 
lish such notice of call for redemption in the manner herein 
provided, then such publications in lieu thereof as shall 
be made with the approval of the Trustee shall constitute 
a sufficient publication of notice. 

Section 3.04. All Bonds which have been redeemed shall 
be cancelled and destroyed by the Trustee together with 
the unmatured coupons appertaining thereto and shall not 
be reissued and a counterpart of the certificate of destruc- 
tion evidencing such destruction shall be furnished by the 
Trustee to the City ^nd the Industry. All Bonds so destroyed 
shall thereafter no longer be considered outstanding for 
any purposes of the ordinance or the Loan Agreement. 

Section 3.05. All unpaid coupons which appertain to 
Bonds so called for redemption and which shall have be- 
come payable on or prior to the date fixed for redemption 
shall continue to be payable to the bearers thereof sever- 
ally and respectively upon the presentation and surrender 
of such coupons. 



ORDINANCES 239 

Section 3.06. If less than all of the Bonds at the time 
outstanding are to be called for prior redemption, the 
particular Bonds to be redeemed shall be selected by the 
Trustee in inverse order of maturities. If less than all of 
the Bonds of a particular maturity at the time outstanding 
are to be called for prior redemption, the particular Bonds 
of such maturity to be redeemed shall be selected by lot 
by the Trustee in such manner as the Trustee, in its discre- 
tion, may determine. The Trustee shall call for redemption 
in accordance with the foregoing provisions as many Bonds 
as will, as neaj-ly ^as practicable, exhaust the moneys avail- 
able therefor. Particular Bonds shall be redeemed only in 
the principal amount of $5,000 each. 

No redemption of less than all the Bonds at the time out- 
standing other than in accordance with the sinking fund 
provisions of Section 3.02 hereof, shall be m^de pursuant 
hereto unless the total amount of funds available and to 
be used for such partial redemption is equal to or more 
than $50,000. 

ARTICLE IV 
LOAN AGREEMENT 

Section 4.01. The Mayor is hereby authorized and di- 
rected to execute, seal and deliver, on behalf of the City, 
the Loan Agreement (including the assignments of the Loan 
Agreement and the Note to the Trustee) in substantially 
the form presented to the City Council as evidenced by a 
copy of such form certified by the Deputy City Treasurer 
and filed among the permanent records of the City. The 
City, however, is hereby authorized, prior to execution of 
the Loan Agreement and such assignments, to make such 
changes or modifications in the form of such Loan Agree- 
ment, note and assignments as may be required or deemed 
appropriate by it in order to accomplish the purpose of the 
transaction authorized by this ordinance; provided that 
such changes shall be within the scope of the transactions 
authorized by the Act and are adopted by resolution of the 
Commissioners of Finance prior to execution of said Loan 
Agreement. Such execution of the Loan Agreement and 
assignments by the Mayor shall be conclusive evidence of the 



240 ORDINANCES Ord. No. 555 

due execution, on behalf of the City, of such instruments 
which shall thereupon become binding upon the City in 
accordance with their terms as authorized by the Act. 

ARTICLE V 
REVENUES AND FUNDS 

Section 5.01. The Bonds herein authorized and all pay- 
ments by the City hereunder are not general obligations of 
the City but are limited obligations payable solely from 
the Receipts and Revenues of the City from the Loan and 
as authorized and provided in this ordinance. 

The Receipts and Revenues of the City from the Loan 
are to be remitted directly to the Trustee for the account 
of the City and deposited in the Bond Fund. Said payments 
are sufficient in amount to pay the principal of, premium, 
if any, and interest on the Bonds, and the entire amount 
of Receipts and Revenues of the City from the Loan (except 
amounts paid by the Industry pursuant to Section 6.5 
and Section 8.4 of the Loan Agreement) are pledged to the 
p^ayment of the principal of, premium, if any, and interest 
on the Bonds. The City hereby covenants and agrees that 
it will not create any lien upon said Receipts and Revenues 
of the City from the Loan other than the lien hereby 
created. 

Section 5.02. There is hereby created by the City and 
ordered established with the Trustee a trust fund to be 
designated "City of Baltimore Pollution Control Facilities 
Revenue Bond Fund- Allied Chemical Corporation Project" 
(which is sometimes referred to herein as the ''Bond Fund'*), 
which shall be used to pay the principal of, premium, if 
any, and interest on the Bonds. 

Section 5.03. There shall be deposited into the Bond 
Fund all accrued interest derived from the sale of the 
Bonds and the amount required by Section 6.01 hereof. In 
addition, there shall be deposited into the Bond Fund, as 
and when received (a) any amount remaining in the Con- 
struction Fund to the extent provided in Section 3.3. (k) 
of the Loan Agreement except as otherwise directed pur- 
suant to said Section 3.3 (k); (b) all payments specified 



ORDINANCES 241 

in Section 4.3 of the Loan Agreement; and (c) all other 
moneys received by the Trustee under and pursuant to any 
of the provisions of the Loan Agreement when accompa- 
nied by directions by the Industry that such moneys are 
to be paid into the Bond Fund. The City hereby covenants 
and agrees that so long as any of the Bonds issued here- 
under are outstanding it will deposit, or cause to be depos- 
ited, in the Bond Fund for its account sufficient sums from 
the Receipts and Revenues of the City from the Loan 
promptly to meet and pay the principal of, interest and 
premium, if. any, on the Bonds as the same become due 
and payable. 

Section 5.04. Except as provided in Section 5.10 and 
Section 11.04 hereof, moneys in the Bond Fund shall be 
used solely for the paj^ment of the principal of, and inter- 
est on, and premiums, if any, on the Bonds and for the 
redemption of the Bonds at or prior to maturity. Whenever 
the amount in the Bond Fund from any source whatsoever 
is sufficient to redeem all of the Bonds outstanding here- 
under and to pay interest to accrue thereon prior to such 
redemption, the City covenants and agrees, upon request 
of the Industry, to take and cause to be taken the neces- 
sary steps to redeem all or part of said Bonds on the next 
succeeding redemption date subject to the provisions of 
Section 3.01 hereof for which the required redemption 
notice may be given. 

Section 5.05. The Bond Fund shall be in the custody of 
the Trustee but in the name of the City and the City hereby 
authorizes and directs the Trustee to withdraw sufficient 
funds from the Bond Fund to pay principal of and interest 
and premium, if any, on the Bonds as the same become 
due and payable and to make such funds so withdrawn 
available to the Trustee and to any paying agent or agents 
for the purpose of paying said principal and interest, and 
premium, if any, which authorization and direction the 
Trustee hereby accepts. 

Section 5.06. In the event any Bonds shall not be pre- 
sented for pajTiient when the principal thereof becomes 
due, either at maturity or at the date lixed for redemption 
thereof or otherwise, or in the event any coupon shall not 



242 ORDINANCES Ord. No. 555 

be presented for payment at the due date thereof, if funds 
sufficient to pay such Bonds or coupons shall have been 
made available to the Trustee for the benefit of the holder 
or holders thereof, all liability of the City to the holder 
thereof for the payment of such Bond or coupon, as the 
case may be, shall forthwith cease, determine and be com- 
pletely discharged, and thereupon it shall be the duty of 
the Trustee to hold such fund or funds, without liability 
for interest thereon, for the benefit of the holder of such 
Bond, or the bearer of such coupon, as the case may be, 
who shall thereafter be restricted exclusively to such fund 
or funds, for any claim of whatever nature on his part 
under this ordinance or on, or with respect to, said Bond 
or coupon. 

Section 5.07. Pursuant to the provisions of the Loan 
Agreement, the Industry has agreed to pay the Trustee, 
until the principal of, interest and premium, if any, on the 
Bonds shall have been fully paid: (i) an amount equal to 
the annual fee of the Trustee for the Ordinary Services 
of the Trustee rendered, as Trustee, and its Ordinary 
Expenses incurred, as Trustee, under this Indenture, as 
and when the same becomes due, (ii) the reasonable fees 
and charges of the Trustee, as paying agent, and any pay- 
ing agents for acting as paying agent as and when the 
same become due, and (iii) the reasonable fees and charges 
for the necessary Extraordinary Services and Extraordi- 
nary Expenses of the Trustee under this ordinance, as and 
when the same become due. It is further understood and 
agreed that the initial or acceptance fees of the Trustee 
and the fees, charges and expenses of the Trustee and 
paying agent referred to in the preceding sentence which 
become due prior to the Completion Date (as defined in the 
Loan Agreement) will be paid to the Trustee from the 
Construction Fund as and when the same shall become due. 
The Industry may, without creating a default hereunder, 
contest in good faith the necessity for any such Extraor- 
dinary Services and Extraordinary Expenses and the rea- 
sonableness of any of the fees, charges or expenses re- 
ferred to herein. 

Pursuant to the provisions of the Loan Agreement, the 
Industry has agreed to pay the City for the fees and expenses 



ORDINANCES 243 

of the Cit}^ Treasurer as bond registrar, and i-easonable 
administrative expenses, if any, incurred by the City in the 
administration of said Loan Agreement and of the Bonds 
issued under this ordinance. 

Section 5.08. All moneys required to be deposited with 
or paid to the Trustee for account of the Bond Fund or 
the Construction Fund under any provision of this ordi- 
nance shall be held by the Trustee in trust, and except for 
moneys deposited with or paid to the Trustee for the 
redemption of Bonds, notice of the redemption of which has 
been duly given, shall, v/hile held by the Trustee, constitute 
part of the Trust Estate and be subject to the lien thereof. 

Section 5.09. Reference is hereby made to Article V of 
the Loan Agreement whereunder it is provided that under 
certain circumstances funds of the Industry may be re- 
quired to restore, repair or replace the Pollution Control 
Facilities in the event of damage, destruction or condem- 
nation; but no such funds are required to be deposited 
with the Trustee. 

Section 5.10. Any amounts remaining in the Bond Fund 
after payment in full of the principal of, interest and pre- 
mium, if any, on Bonds (or provision for payment thereof 
as provided in this ordinance), the fees, charges and ex- 
penses of the Trustee and any paying agents, and the fees 
and expenses of the City Treasurer as bond registrar, and 
all other amounts required to be paid hereunder shall, 
upon the joint written instruction to the Trustee from the 
City and the Industry, be paid to the Industry upon the 
expiration or sooner termination of the term of the Loan 
Agreement as provided in Section 9.2 of the Loan Agree- 
ment. 

ARTICLE VI 

CUSTODY AND APPLICATION OF 
PROCEEDS OF BONDS 

Section 6.01. From the proceeds of the issuance and 
delivery of the Bonds there shall be deposited in the Bond 
Fund all accrued interest received upon the sale of the 
Series 1974 Bonds. 



244 ORDINANCES Ord. No. 555 

Section 6.02. There is hereby created and established 
with the Trustee a trust in the name of the City to be 
designated "City of Baltimore Pollution Control Facilities 
Construction Fund-Allied Chemical Corporation Project" 
(which is sometimes referred to herein as the "Construc- 
tion Fund"). The balance of the proceeds upon the issu- 
ance and delivery of Bonds remaining after the deduction 
provided by Section 6.01 hereof shall have been made shall 
be deposited in the Construction Fund. Moneys in the 
Construction Fund shall be expended in accordance with the 
provisions of the Loan Agreement and particularly Section 
3.3 thereof. 

The Trustee is hereby authorized and directed to issue 
its checks for each disbursement required by the ^fore- 
said provisions of the Loan Agreement. 

The Trustee shall keep and maintain adequate records 
pertaining to the Construction Fund and all disbursements 
therefrom and after the Pollution Control Facilities shall 
have been completed and a certificate of payment of all 
costs filed as provided in Section 6.03 hereof, the Trustee 
shall, if requested by the Industry, file an accounting 
thereof with the City and with the Industry. 

Section 6.03. The completion of the Pollution Control 
Facilities and the payment of all costs and expenses in- 
cident thereto shall be evidenced by the filing with the 
Trustee of (i) the certificate of the Authorized Industry 
Representative (as defined in the Loan Agreement) re- 
quired by the provisions of Section 3.5 of the Loan Agree- 
ment ^nd (ii) a certificate signed by the City Treasurer 
and by the Authorized Industry Representative, which 
certificate shall state that all obligations and costs in con- 
nection with the Pollution Control Facilities and payable 
out of the Construction Fund have been paid and dis- 
charged except for amounts retrained by the Trustee with 
the approval of the said Authorized Industry Representa- 
tive for the payment of costs of the Pollution Control 
Facilities not then due and payable as provided in the 
Loan Agreement. As soon as practicable and in any event 
After sixty days from the date of the certificate referred 
to in clause (ii) of the preceding sentence any balance 
remaining in the Construction Fund (other than the 



ORDINANCES 245 

amounts retained by the Trustee referred to in the pre- 
ceding sentence) shall without further authorization be 
deposited in the Bond Fund by the Trustee with advice 
to the City and to the Industry of such action unless the 
Industry shall have directed the Trustee to purchase 
Bonds in the open market for the purpose of cancellation 
in accordance with Section 3.3 (k) of the Loan Agreement. 

ARTICLE VII 
INVESTMENTS 

Section 7.01. Any moneys held as part of the Construc- 
tion Fund and the Bond Fund shall, at the written re- 
quest of and as specified by the Authorized Industry 
Representative (as defined in the Loan Agreement), be 
invested and reinvested by the Trustee in accordance with 
the provisions of Section 3.8 of the Loan Agreement ; pro- 
vided, however, that neither all nor a major portion of 
the proceeds derived from the sale of the Bonds shall be 
used, directly or indirectly, in such a manner as to cause 
any Bond to be an "arbitrage bond" within the meaning 
of Section 103(d) of the Internal Revenue Code of 1954, 
as amended. Any such investment shall be held by or 
under the control of the Trustee and shall be deemed at 
all times a part of the fund in which such moneys are 
originally held and the interest accruing thereon ^nd any 
profit realized from such investments shall be credited to 
such fund, and any loss resulting from such investments 
shall be charged to such fund. The Trustee shall sell and 
reduce to cash funds a sufficient amount of such invest- 
ments whenever the cash balance in such fund or account 
is insufficient for the purposes of such fund or account. 

Section 7.02. The Trustee may make any and all in- 
vestments permitted under Section 7.01 through its own 
Bond Department. 

ARTICLE VIII 
GENERAL COVENANTS 

Section 8.01. Each and every covenant herein made, 
including all covenants made by the various sections of 



246 ORDINANCES Ord. No. 555 

this Article VIII, is predicated upon the condition that 
any obligation for the payment of money incurred by the 
City shall not create a pecuniary liability of the City or 
a charge upon its general credit or against its taxing pow- 
ers, but shall be payable solely from the Receipts and 
Revenues of the City from the Loan (except ^mounts paid 
pursuant to Sections 6.5 and 8.4 of the Loan Agreement) 
which are required to be set apart and transferred to the 
Bond Fund, which moneys, revenues and receipts are 
hereby specifically pledged to the payment thereof in the 
manner and to the extent in this ordinance specified and 
nothing in the Bonds or coupons or in this ordinance 
shall be considered as pledging any other funds or assets 
of the City. 

The City covenants that it will promptly pay the 
principal of, including any applicable redemption pre- 
miums, and interest on every Bond issued under this ordi- 
nance at the place, on the dates and in the manner pro- 
vided herein and in said Bonds, and in the coupons appertain- 
ino: thereto according to the true intent and meaning thereof. 

Section 8.02. The City covenants that it will faithfully 
perform at all times any and all covenants, undertakings, 
stipulations and provisions contained in this ordinance, in 
any .and every Bond executed, authenticated and delivered 
hereunder and in all proceedings pertaining thereto. The 
City covenants that it is duly authorized under the Con- 
stitution and laws of the State of Maryland, to issue the 
Bonds authorized hereby and to enter into the Loan Agree- 
ment, and to pledge Receipts and Revenues of the City 
from the Loan, ^nd that the Bonds in the hands of the 
holders and owners thereof and the coupons appertaining 
thereto in the hands of the bearers thereof are and will 
be valid and enforceable obligations of the City according 
to the import thereof. 

Section 8.03. The City will at all times maintain its 
corporate existence or assure the assumption of its obliga- 
tions under this ordinance by any public body succeeding 
to its powers under the Act, and it will use its best efforts 
to maintain, preserve and renew all the rights and powers 
provided to it by the Act; and it will comply with all 



ORDINANCES 247 

valid acts, rules, regulations, orders and directions of ^ny 
legislative, executive, administrative or judicial body ap- 
plicable to the Loan Agreement. 

Section 8.04. So long as any of the Bonds are outstand- 
ing, the City will enforce the obligation of the Industry 
to pay, or cause to be p^id, all the payments and other 
costs and charges payable by the Industry under the Loan 
Agreement. The City w^ill not enter into any agreement 
with the Industry amending the Loan Agreement without 
the prior written consent of the Trustee and, in the event 
such amendatory agreement shall adversely affect the 
interests of the holders of the Bonds, the prior written 
consent thereto of the holders of at least Q6%% in principal 
amount of the Bonds then outstanding. 

Section 8.05. The City shall cause the Industry to re- 
lease the City and the Trustee from, to agree that the 
City and the Trustee shall not be liable for, and to agree 
to indemnify and hold the City and the Trustee harmless 
from, any liability for ^ny loss or damage to property or 
any injury to or death of any person including costs and 
expenses of litigation that may be occasioned by any 
cause whatsoever pertaining to the Pollution Control 
Facilities or the financing thereof. 

Section 8.06. The City will from time to time execute 
and deliver such further instruments and take such further 
action as may be reasonable and as may be required to 
carry out the purpose of this ordinance; provided, how- 
ever, that no such instruments or actions shall pledge the 
credit or taxing power of the State of Maryland, the City, 
or any other political subdivision of said State. 

Section 8.07. Except for the contemplated assignment 
to the Trustee, the City will not sell, lease or otherwise 
dispose of or encumber its interest in the Loan Agreement 
or any of the payments or receipts derived therefrom, and 
will promptly pay or cause to be discharged or make 
Adequate provision to satisfy and discharge any lien or 
charge on any part of such payments or receipts. 

Section 8.08. In Sections 5.1 and 5.2 of the Loan 
Agreement, the Industry agrees at its own expense to keep 



248 ORDINANCES Ord. No. 555 

the Pollution Control Facilities in good repair and in good 
operating condition and properly insured. 

Section 8.09. City covenants and agrees that all books 
^nd documents in its possession relating to the Pollution 
Control Facilities and the moneys, revenues and receipts 
derived from the Pollution Control Facilities shall at all 
times be open to inspection by such accountants or other 
agencies as the Trustee may from time to time designate. 

Section 8.10. To the extent that such information shall 
be made known to the City under the terms of this Section 
8.10, it will keep on file At the corporate trust office of 
the Trustee a list of names and addresses of the last known 
holders of all Bonds and the amount believed to be held 
by e:\ch of such last known holders. Any Bondholder may 
request that his name and address be placed on said list 
by filing a written request with the City or with the 
Trustee, which request sh^U include a statement of the 
principal amount of Bonds held by such holder and the 
numbers of such Bonds. The Trustee shall be under no 
responsibility with regard to the accuracy of said list and 
may rely on said list for the payment of all sums due and 
payable under this ordinance with regard to the payment 
of principal of, premium, if any, and interest on the Bonds. 
At reasonable times and under reasonable regulations 
established by the Trustee, said list may be inspected and 
copied by the Industry or by holders and/or owners (or 
a designated representative thereof) of not less than 
twenty-five percent in principal amount of Bonds then out- 
standing, such ownership and the authority of any such 
designated representative to be evidenced to the satisfac- 
tion of the Trustee. 

Section 8.11. The City covenants that, in order to 
perfect the interest of the Trustee in the payments to be 
made under the Loan Agreement, appropriate Financing 
Statements, naming the Trustee as assignee of the con- 
tract rights represented by such Loan Agreement (includ- 
ing the Note), will be filed in the appropriate state and 
county offices as required by the provisions of the Uni- 
form Commercial Code, as amended. The City and the 
Trustee will file such necessary continuation statements 



ORDINANCES 249 

from time to time as may be required pursuant to the 
provisions of said Uniform Commercial Code to protect the 
interest of the Trustee. 

ARTICLE IX 

DEFEASANCE 

Section 9.01. If and when the Bonds secured hereby 
shall become due and payable in accordance with their 
terms or through redemption proceedings as provided in 
this ordinance, or otherwise, and the whole amount of the 
principal, premium (if any) and the interest so due and 
payable upon all of the Bonds shall be paid, or provision 
shall have been made for the payment of the same, to- 
gether with all other sums payable hereunder by the City, 
then and in that case, the right, title and interest of the 
Trustee in and to the Trust Estate and all covenants, 
agreements and other obligations of the City to the Bond- 
holders shall thereupon cease, terminate and become void 
and be discharged and satisfied. In such event, upon re- 
quest of the City, the Trustee shall assign and transfer to 
the City all property then held by the Trustee and shall 
execute such documents as may be reasonably required by 
the City and shall turn over to the Industry, so long as it 
is not in default under the Loan Agreement, or to such 
person, body or authority as may be entitled to receive the 
same, any surplus in the Bond Fund and all balances re- 
maining in any other fund created under this ordinance. 
If and when the Trustee shall hold sufficient moneys here- 
under to provide for payment of the whole amount of the 
principal, premium (if any) and interest due and payable 
and thereafter to become due and payable upon all the 
Bonds, together with all other sums payable or which may 
thereafter become payable hereunder by the City, not- 
withstanding that all the Bonds and coupons have not yet 
become due and payable and that consequently the right, 
title and interest of the Trustee in and to the Trust Estate 
shall not have ceased, terminated and become void pur- 
suant to the foregoing provisions of this Section 9.01, the 
Trustee, on demand of the City, shall turn over to the 
Industry, so long as it is not in default under the Loan 
Agreement, or to such person, body or authority as may be 
entitled to receive the same, ^ny surplus in the Bond Fund 



250 ORDINANCES Ord. No. 555 

and in any other fund created under this ordinance in 
excess of the sum sufficient to pay the whole amount of 
the principal, premium (if any) and interest due and 
payable and thereafter to become due and payable 
upon All the Bonds, together with all other sums payable 
or which may thereafter become payable hereunder by 
the City. 

All outstanding Bonds and all coupons appertaining to 
such Bonds shall prior to the maturity or redemption date 
thereof be deemed to have been paid within the meaning 
and with the effect expressed above if (a) in case any of 
said Bonds are to be redeemed on any date prior to their 
maturity, the City shall have given to the Trustee in form 
satisfactory to it irrevocable instructions to publish notice 
of redemption of such Bonds on said date as provided in 
Section 3.03 hereof, (b) there shall have been deposited 
with the Trustee either moneys in ^n amount which shall 
be sufficient, or securities specified in Section 3.8 (i) or (iii) 
of the Loan Agreement, the principal of and the interest 
on which when due will provide moneys which, together 
with the moneys, if any, deposited with the Trustee at the 
same time, shall be sufficient, to pay when due the principal 
and interest and premium, if any, due and to become due 
on s,aid Bonds on and prior to the redemption date or matu- 
rity date thereof, as the case mscy be, and (c) in the event 
said Bonds are not by their terms subject to redemption 
within the next succeeding 60 days, the City shall have 
given the Trustee in form satisfactory to it irrevocable 
instructions to publish, as soon as practicable in the same 
manner as a notice of redemption is published pursuant to 
Section 3.03 hereof, a notice to the holders of such Bonds 
and coupons that the deposit required by (b) above has 
been made with the Trustee and that said Bonds and cou- 
pons are deemed to have been paid in accordance with this 
Section, and stating such maturity or redemption d^te upon 
which moneys are to be available for the payment of the 
principal and premium, if any, on said Bonds. Neither the 
securities nor moneys deposited with the Trustee pursuant 
to this Section nor principal or interest payments on any 
such securities shall be withdrawn or used for ^ny purpose 
other than, and shall be held in trust for, the payment of 
the principal and interest and premium, if any, on said 
Bonds; provided that any cash received from such princi- 



ORDINANCES 251 

pal or interest payments on such securities deposited with 
the Trustee, if not then needed for such purpose, shall to 
the extent practicable, be reinvested in securities maturing 
at times and in amounts sufficient to pay when due the 
principal and interest and premium, if any, to become due 
on said Bonds on and prior to such redemption date or 
maturity date thereof, as the case may be, and interest 
earned from such reinvestments shall be paid over to the 
Industry, as received by the Trustee, free and clear of any 
trust, lien or pledge. 

The release of the obligations of the City under this 
Section 9.01 shall be without prejudice to the right of the 
Trustee to be paid reasonable compensation for all services 
rendered by it hereunder and all its reasonable expenses, 
charges and other disbursements ^nd those of its attorneys, 
agents and employees, incurred on and about the adminis- 
tration of the trusts hereby created and the performance 
of its powers and duties hereunder. 

ARTICLE X 
DEFAULTS AND REMEDIES 

Section 10.01. In case one or more of the following 
events, in this ordinance referred to as the "Events of 
Default," shall happen, th^t is to say, if 

(a) payment of the principal of the Bonds and pre- 
mium, if any, shall not be made when the same shall be- 
come due and payable at maturity, upon redemption or 
otherwise ; or 

(b) payment of an installment of interest on the Bonds 
shall not be made when the same shall become due and 
payable ; or 

(c) there shall be an event of default under the Loan 
Agreement ; or 

(d) an order or decree appointing a receiver of the 
Industry's payments under the Loan Agreement or any part 
thereof shall be entered with the consent or acquiescence 
of the City, or such order or decree shall be entered without 
the acquiescence or consent of the City, if it shall not be 
vacated, discharged or stayed within sixty (60) days after 
entry ; or 



262 ORDINANCES Ord. No. 555 

(e) the City shall default in the due and punctual per- 
formance of any covenant, condition, agreement or pro- 
vision (other than as specified in (a) and (b) of this 
Section 10.01) contained in the Bonds or in this ordinance 
on the part of the City to be performed, and such default 
shall continue for ninety (90) days after written notice 
specifying such default and requiring the same to be reme- 
died shall have been given to the City and the Industry 
by the Trustee, which m.ay give such notice in its discretion 
and shall give such notice at the written request of the 
holders of not less than twenty-five per cent (25%) in 
principal amount of the Bonds then outstanding; then, in 
any such case, the Trustee may, and upon written request 
of the holders of twenty-five per cent (25%) in principal 
amount of the Bonds then outstanding shall, provided that 
written notice of the default has been given to the City and 
the Industry by the Trustee and the default has not there- 
tofore been cured, declare the principal of all Bonds then 
outstanding to be due and payable immediately by notice 
in writing delivered to the City and the Industry, and upon 
such declaration the said principal, together with interest 
accrued thereon, shall become due and payable immedi- 
ately at the place of payment provided therein, anything 
in this ordinance or in said Bonds to the contrary not- 
withstanding. 

The above provisions, however, ,are subject to the condi- 
tion that if, after the principal of said Bonds shall have 
been so declared to be due and payable, all arrears of 
interest upon the Bonds, and interest on overdue install- 
ments of interest (if lawful) at the rMe per annum which 
is one percentage point greater than that borne by the 
Bonds, and all other sums payable under this ordinance, 
except the principal of, and interest on, the Bonds which by 
such declaration shall have become due and payable, shall 
have been paid by or on behalf of the City, and the City 
a]:;o shall have performed all other things in respect of 
which it may have been in default hereunder, and shall h,ave 
paid the reasonable expenses of the Trustee and of the 
holders of such Bonds, including reasonable attorneys' fees 
paid or incurred, then and in every such case, such default 
may be waived and such declaration and its consequences 
rescinded and annulled by the Trustee by written notice 



ORDINANCES 253 

to the City, which waiver, rescission and annulment shall 
be binding upon all Bondholders; provided that if such 
declaration was requested by the holders of twenty-five 
per cent (25%) in principal amount of the Bonds, such 
waiver rescission and annulment must be consented to by 
the holders of p. majority in principal amount of the 
Bonds then outstanding, which consent shall be binding 
upon the Trustee and upon all holders of Bonds; but no 
such waiver, rescission and annulment shall extend to or 
affect any subsequent default or impair any right or remedy 
consequent th^ereon. 

Section 10.02. The Trustee, as the assignee of all the 
right, title and interest of the City in and to the Lo;an 
Agreement, shall enforce each and every right granted to 
the City under the Loan Agreement. 

Section 10.03. Upon the happening of any Event of 
Default, then and in every such case the Trustee in its dis- 
cretion may, and upon the written request of the holders 
of twenty-five per cent (25%) in principal amount of the 
Bonds then outstanding and receipt of indemnity to its 
satisfaction, shall: 

(a) by mandamus, or other suit, action or proceeding 
at law or in equity, enforce all rights of the Bondholders, 
and require the City or the Industry to carry out any 
agreements with or for the benefit of the Bondholders and 
to perform its or their duties under the Act, the Loan 
Agreement and this ordinance ; 

(b) bring suit upon the Bonds ; 

(c) by action or suit in equity require the City to account 
as if it were the trustee of ^n express trust for the Bond- 
holders ; or 

(d) by action or suit in equity enjoin any acts or things 
which may be unlawful or in violation of the rights of the 
Bondholders. 

Section 10.04. In case any proceeding taken by the 
Trustee on account of any default shall have been discon- 
tinued or abandoned for any reason, or shall have been 
determined adversely to the Trustee, then and in every 



254 ORDINANCES Ord. No. 555 

case the City, the Trustee and the Bondholders shall be 
restored to their former positions and rights hereunder, 
respectively, and all rights, remedies and powers of the 
Trustee shall continue as though no such proceeding had 
been taken. 

Section 10.05. Anything in this ordinance to the con- 
trary notwithstanding, the holders of a majority in princi- 
pal amount of the Bonds then outstanding hereunder shall 
have the right, by an instrument in writing executed and 
delivered to the Trustee, to direct the method and place of 
conducting all remedial proceedings to be taken by the 
Trustee hereunder. 

Section 10.06. No holder of any of the Bonds shall 
have any right to institute any suit, action or proceeding 
in equity or at law for the execution of any trust hereunder, 
or any other remedy hereunder or on said Bonds, unless 
such holder previously shall have given to the Trustee 
written notice of an Event of Default as hereinabove pro- 
vided and unless also the holders of not less than twenty- 
five per cent (25%) in principal ;amount of the Bonds then 
outstanding shall have made written request of the Trustee 
so to do, after the right to exercise such powers or rights 
of action, as the case may be, shall have accrued, and shall 
have afforded the Trustee a reasonable opportunity either 
to proceed to exercise the powers hereinabove granted, or 
to institute such action, suit or proceeding in its or their 
name; nor unless there also shall have been offered to the 
Trustee security and indemnity satisfactory to it against 
the costs, expenses and liabilities to be incurred therein or 
thereby, and the Trustee sh^all not have complied with such 
request within a reasonable time ; and such notification, re- 
quest and offer of indemnity are hereby declared in every 
such case, at the option of the Trustee, to be conditions 
precedent to the execution of the trusts of this ordinance 
or for any other remedy hereunder; it being understood 
and intended that no one or more holders of the Bonds 
hereby secured shall have any right in ^ny manner what- 
ever by his or their action to affect, disturb or prejudice 
the security of this ordinance, or to enforce any right here- 
under or under the Bonds except in the manner herein 
provided, and that all proceedings at law or in equity shall 



ORDINANCES 255 

be instituted, had and maintained in the manner herein 
provided and for the equal benefit of all holders of out- 
standing Bonds and coupons. Nothing in this ordinance con- 
tained, shall, however, effect or impair the right of any 
holder of Bonds or coupons to enforce the payment of the 
principal of, and interest on, any Bond at and after the ma- 
turity thereof, or the obligation of the City to pay the prin- 
cipal of and interest and premium, if any, on each of the 
Bonds issued hereunder to the respective holders of the 
Bonds or coupons at the time, pl^ce, from the source and in 
the manner herein and in said Bonds and the appurtenant 
coupons expressed. 

Section 10.07. All rights of action under this ordinance 
or under any of the Bonds secured hereby which are en- 
forceable by the Trustee may be enforced by it without the 
possession of any of the Bonds or coupons thereunto apper- 
taining, or the production thereof on the trial or other 
proceedings relative thereto, and any such suit, action or 
proceeding instituted by the Trustee shall be brought in 
its name for the equal and ratable benefit of the holders of 
the Bonds and coupons, subject to the provisions of this 
ordinance. 

Section 10.08. No remedy herein conferred upon or re- 
served to the Trustee or to the holders of the Bonds is 
intended to be exclusive of any other remedy or remedies, 
and each and every such remedy shall be cumulative, and 
shall be in addition to every other remedy given hereunder 
or now or hereafter existing at law or in equity or by 
statute. 

Section 10.09. No delay or omission of the Trustee or of 
any holder of the Bonds to exercise any right or power 
accruing upon any default shall impair any such right or 
power or shall be construed to be a waiver of any such 
default, or an acquiescence therein; and every power and 
remedy given by this Article to the Trustee and to the 
holders of the Bonds, respectively, may be exercised from 
time lo time and as often as may be deemed expedient. 

Section 10.10. Any moneys received by the Trustee or 
by any receiver pursuant to this Article X shall be applied 
as follows : 



256 ORDINANCES Ord. No. 555 

(a) Unless the principal of all the Bonds shall have 
become or shall have been declared due and payable, all 
such moneys shall be applied to the payment to the persons 
entitled thereto of all installments of interest then due on 
the Bonds, with interest on overdue installments, if lav/ful, 
at the rate per annum which is one percentage point 
greater than the rate borne by the Bonds, in the order of 
the maturity of the installments of such interest and, if 
the amount available shall not be sufficient to pay in full 
any particular installment with such interest, then to the 
pa>Tnent ratably, according to the amounts due on such 
installment, to the persons entitled thereto, without any 
discrimination or privilege. 

(b) If the principal of all the Bonds shall have become 
or shall have been declared due and payable, all such 
moneys shall be applied to the payment of the principal 
and interest then due and unpaid upon the Bonds, with 
interest on overdue interest and principal, as aforesaid, 
without preference or priority of principal over interest or 
of interest over principal, or of any installment of interest 
over any other installment of interest, or of any Bond over 
any other Bond, ratably, according to the amounts due 
respectively for principal and interest, to the persons enti- 
tled thereto without any discrimination or privilege. 

(c) If the principal of all the Bonds shall have been 
declared due and payable, and if such declaration shall 
thereafter have been rescinded and annulled under the pro- 
visions of this Article, then, subject to the provisions of 
paragraph (b) of this Section which shall be applicable in 
the event that the principal of all the Bonds shall later 
become due or be declared due and payable, the moneys 
shall be applied in accordance with the provisions of para- 
graph (a) of this Section. 

Whenever moneys are to be applied pursuant to the pro- 
visions of this Section, such moneys shall be applied at such 
times, and from time to time, as the Trustee shall deter- 
mine, having due regard to the amount of such moneys 
available for application and the likelihood of additional 
moneys becoming available for such application in the fu- 
ture. Whenever the Trustee shall apply such funds, it shall 
fix the date (which shall be an interest payment date unless 



ORDINANCES 257 

it shall deem another date more suitable) upon which such 
application is to be made and upon such date interest on the 
amounts of principal to be paid on such dates shall cease to 
accrue. The Trustee shall give such notice by publication or 
mailing as it may deem appropriate of the deposit with it 
of any such moneys and of the fixing of any such date, and 
shall not be required to make payment to the holder of 
any unpaid coupon or any Bond until such coupon or such 
Bond shall be presented to the Trustee for appropriate 
endorsement or for cancellation if fully paid. 

Section 10.11. It is the purpose and intention of this 
Article to provide rights and remedies to the Trustee and 
Bondholders which may be lawfully granted under the pro- 
visions of the Act, but should any right or remedy herein 
granted be held to be unlawful, the Trustee, and the Bond- 
holders shall be entitled, as above set forth, to every other 
right and remedy provided in this ordinance and by law. 

ARTICLE XI 
CONCERNING THE TRUSTEE 

Section 11.01. By executing the certificate of authenti- 
cation endorsed upon the Bonds, the Trustee shall signify 
its acceptance and agree to execute the trusts hereby 
created, but only upon the additional terms set forth in 
this Article, to all of which the City agrees and the re- 
spective holders of the Bonds agree upon and by their 
acceptance of delivery of any of the Bonds. 

Section 11.02. The recitals, statements and representa- 
tions in this ordinance or in the Bonds contained, save 
only the Trustee's authentication upon the Bonds, shall be 
taken and construed as made by and on the part of the 
City, and not by the Trustee, and the Trustee does not 
assume, and shall not have, any responsibility or obliga- 
tion for the correctness of any thereof. 

Section 11.03. The Trustee may execute any of the 
trusts or powers hereof and perform the duties required 
of it hereunder by or through attorneys, agents, receivers, 
or employees, and shall be entitled to advice of counsel 



258 ORDINANCES Ord. No. 555 

concerning all matters of trust and its duty hereunder, 
and the Trustee shall be answerable for the default or mis- 
conduct of any such attorney, agent, or employee selected 
by it with reasonable care. The Trustee shall not be 
answerable for the exercise of any discretion or power 
under this ordinance or for anything whatever in connec- 
tion with the trust, except only for its own wilful miscon- 
duct or negligence. 

Section 11.04. The Trustee shall be entitled to payment 
and/or reimbursement for reasonable fees for its Ordinary 
Services rendered hereunder, and all advances, counsel fees 
and other Ordinary Expenses reasonably and necessarily 
made or incurred by the Trustee in connection with such 
Ordinary Services and, in the event that it should become 
necessary that the Trustee perform Extraordinary Serv- 
ices, it shall be entitled to reasonable extra compensation 
therefor, and to reimbursement for reasonable and neces- 
sary Extraordinary Expenses in connection therewith; 
provided, that if such Extraordinary Services or Extra- 
ordinary Expenses are occasioned by the neglect or mis- 
conduct of the Trustee, it shall not be entitled to com- 
pensation or reimbursement therefor. The Trustee shall 
have a lien with right of payment prior to payment on 
account of interest or principal of any Bond for the fore- 
going advances, fees, costs and expenses incurred. 

Section 11.05. The Trustee shall not be required to 
take notice, or to be deemed to have notice, of any default 
under this ordinance other than a default under Section 
10.01(a) or Section 10.01(b) hereof, unless specifically 
notified in writing of such default by the holders of at 
least twenty-five per cent (25%) in principal amount of 
the Bonds then outstanding. The Trustee may, however, 
at any time, in its discretion, require of the City full in- 
formation and advice as to the performance of any of the 
covenants, conditions and agreements contained herein. 

Section 11.06. The Trustee shall be under no obligation 
to take any action in respect of any default or otherwise, 
or toward the execution or enforcement of any of the 
trusts hereby created, or to institute, appear in or defend 
any suit or other proceeding in connection therewith, un- 



ORDINANCES 259 

less requested in writing so to do by holders of at least 
twenty-five per cent (25%) in principal amount of the 
Bonds then outstanding, and if in its opinion such action 
rnay tend to involve it in expense or liability, unless 
furnished, from time to time as often as it may require, 
with security and indemnity satisfactory to it; but the 
foregoing provisions are intended only for the protection 
of the Trustee, and shall not affect any discretion or power 
given by any provisions of this ordinance to the Trustee 
to take action in respect of any default without such 
notice or request from the Bondholders, or without such 
security or indemnity. 

Section 11.07. If the City shall fail to perform any of 
the covenants or agreements contained in this ordinance 
other than the covenants or agreements in respect of the 
payment of the principal of, redemption premium (if any), 
and interest on, the Bonds, the Trustee may, in its un- 
controlled discretion and without notice to the Bondhold- 
ers, at any time and from time to time, make advances 
to effect performance of the same in behalf of the City, 
but the Trustee shall be under no obligation so to do ; and 
any and all moneys paid or advanced by the Trustee for 
any such purpose, together with interest thereon at one 
percentage point greater than the rate of interest on the 
Series 1974 Bonds, shall be a claim in favor of the Trustee 
upon the Receipts and Revenues of the City from the Loan 
prior to the claim of the Bonds; but no such advance 
shall operate to relieve the City from any default here- 
under. 

Section 11.08. The Trustee shall be protected and shall 
incur no liability in acting or proceeding in good faith 
upon any resolution, notice, telegram, request, consent, 
waiver, certificate, statement, affidavit, voucher, bond, 
requisition or other paper or document which it shall in 
good faith believe to be genuine and to have been passed 
or signed by the proper board, body or person or to have 
been prepared and furnished pursuant to any of the provi- 
sions of this ordinance or the Loan Agreement, and the 
Trustee shall be under no duty to make any investigation 
or inquiry as to any statements contained or matters re- 
ferred to in any such instrument, but may accept and rely 



I 



260 ORDINANCES Ord. No. 555 

upon the same as conclusive evidence of the truth and 
accuracy of such statements. The Trustee shall not be 
bound to recognize any person as a holder of any Bond 
or coupon or to take any action at his request unless such 
Bond or coupon shall be deposited with the Trustee or 
satisfactory evidence of the ov/nership of such bond or 
coupon shall be furnished to the Trustee. 

Section 11.09. The Trustee may in good faith buy, sell, 
own, hold and deal in any of the Bonds or coupons issued 
hereunder and secured by this ordinance, and may join 
in any action which any Bondholder may be entitled to 
take with like effect as if the Trustee were not a party 
to this ordinance. The Trustee, either as principal or agent, 
may also engage in or be interested in any financial or 
other transaction with the City or the Industry, and may 
act as depository, trustee, or agent for any committee or 
body of holders of the Bonds secured hereby or other 
obligations of the City as freely as if it were not Trustee 
hereunder. 

Section 11.10. The Trustee may allow and credit inter- 
est upon any moneys which it may at any time receive 
under any of the provisions of this ordinance, at such rate, 
if any, as it customarily allov/s upon similar funds of simi- 
lar size and under similar conditions. All interest allowed 
on any such moneys shall be credited as provided in Article 
VII with respect to interest on investments. 

Section 11.11. The Trustee may construe any of the 
provisions of this ordinance insofar as the same may ap- 
pear to be ambiguous or inconsistent with any other pro- 
vision thereof, and any construction of any such provisions 
hereof by the Trustee in good faith shall be binding upon 
the Bondholders. 

Section 11.12. The Trustee may resign and be dis- 
charged of the trusts created by this ordinance by execut- 
ing an instrument in writing resigning such trust and 
specifying the date when such resignation shall take effect, 
and filing tlie same with the Deputy City Treasurer not 
less than sixty (60) days before the date specified in such 
instrument when such resignation shall take effect, and 



ORDINANCES 261 

by giving notice of such resignation by publication at least 
once a week for two consecutive weeks in a nevv'spaper 
carrying financial news published at least weekly in the 
English language and of general circulation in the City 
of New York, New York, the first publication of said 
notice to appear not less than three v/eeks prior to the 
date specified in such notice when such resignation shall 
take elfect. Such resignation shall take effect on the day 
specified in such instrument and notice, unless previously 
a successor trustee shall be appointed as hereinafter pro- 
vided, in whicii event such resignation shall take effect 
immediately on the appointment of such successor trustee. 

Section 11.13. The Trustee may be removed at any time 
by an instrument in writing, appointing a successor, filed 
with the Trustee so removed and executed by the holders 
of a majority in principal amount of the Bonds then out- 
standing. 

Section 11.14. In case at any time the Trustee shall 
resign, or shall be removed, or be dissolved, or if its prop- 
erty or affairs shall be taken under the control of any 
state or federal court or administrative body because of 
insolvency or bankruptcy, or for any other reason, a vacan- 
cy sliall forthwith and ipso facto exist in the office of 
Trustee and a successor may be appointed by the holders 
of a majority in principal amount of the Bonds then out- 
standing, by an instrument or instruments in writing filed 
with the Deputy City Treasurer, signed by such Bondhold- 
ers or by their attorneys-in-fact duly authorized. Copies 
of each instrum.ent shall be promptly delivered by the City 
to the predecessor Trustee and to the Trustee so appointed. 

Until a successor Trustee shall be appointed by the Bond- 
holders as herein authorized, the City, by an instrument 
authorized by resolution of the Commissioners of Finance, 
may appoint a Trustee to fill such vacancy. After any 
appointment by the City, it shall cause notice of such 
appointment to be published once in each of two consecu- 
tive weeks in a newspaper carrying financial nevrs pub- 
lished at least weekly in the English language and of general 
circulation in the City of New York, New York. Any 
new Trustee so appointed by the City shall immediately 



262 ORDINANCES Ord. No. 555 

and without further act be superseded by a Trustee ap- 
pointed by the Bondholders in the manner above provided. 

Section 11.15. Every successor in the trust hereunder 
appointed in pursuance of the foregoing provision shall 
be a trust company, a bank and trust company or a national 
bank with trust powers, having a combined capital and 
surplus of at least Ten Million Dollars (§10,000,000) if 
there be such a trust company, bank and trust company 
or national bank willing and able to accept the trust on 
reasonable and customary terms. 

Section 11.16. In case at any time the Trustee shall 
resign and no appointment of a successor Trustee shall 
be made pursuant to the foregoing provisions of this 
Article prior to the date specified in the notice of resigna- 
tion as the date when such resignation shall take effect, the 
retiring Trustee may forthwith apply to a court of com- 
petent jurisdiction for the appointment of a successor 
Trustee. If no appointment of a successor Trustee shall be 
made pursuant to the foregoing provisions of this Article 
within six months after a vacancy sl^all have occurred 
in the office of Trustee, the holder of any Bond may 
apply to any court of competent jurisdiction to appoint a 
successor Trustee. Such court may thereupon, after such 
notice, if any, as it may deem proper and prescribe, appoint 
a successor Trustee. 

Section 11.17. Any successor Trustee appointed here- 
under shall execute, acknowledge and deliver to the City 
an instrument accepting such appointment hereunder, and 
thereupon such successor Trustee, without any further act, 
deed or conveyance, shall become duly vested with all the 
estates, property, rights, powers, trusts, duties and obliga- 
tions of its predecessor in the trust hereunder, with like 
effect as if originally named Trustee herein. Upon request 
of such Trustee, the Trustee ceasing to act and the 
City shall execute and deliver an instrument transferring 
such successor Trustee all the estates, property, rights, 
powers and trusts hereunder of the Trustee so ceasing to 
act, and the Trustee so ceasing to act shall pay over to the 
successor Trustee all moneys and other assets at the time 
held by it hereunder. 



ORDINANCES 263 

Section 11.18. Any corporation into which any Trustee 
hereunder may be merged or with which it may be con- 
solidated, or any corporation resulting from any merger 
or consolidation to which any Trustee hereunder shall 
be a party, shall be the successor Trustee under this ordi- 
nance, without the execution or filing of any paper or any 
further act on the part of the parties hereto, anything 
herein to the contrary notwithstanding. 

Section 11.19. Notwithstanding any other provisions of 
this Article XI, the Trustee shall, during the existence of 
an Event of Default known to the Trustee, exercise such 
of the rights and powers vested in it by this ordinance 
and use the same degree of skill and care in their exercise 
as a prudent man would use and exercise under the cir- 
cumstances in the conduct of his own affairs. 

Section 11.20. Upon the occurrence of an Event of De- 
fault known to the Trustee, the Trustee shall within 30 
days give written notice thereof by mail to each registered 
holder of Bonds then outstanding at his last address 
appearing upon the Bond registry books of the City kept 
by the City Treasurer, unless such Event of Default shall 
have been cured before the giving of such notice. 

Section 11.21. In any judicial proceeding to which the 
City is a party and which in the opinion of the Trustee 
and its counsel has a substantial bearing on the interests 
of holders of the Bonds, the Trustee may intervene on be- 
half of the holders of the Bonds and shall, upon receipt 
of indemnity satisfactory to it, do so if requested in writ- 
ing by the holders of at least twenty-five per cent (25%) 
in principal amount of Bonds then outstanding if permitted 
by the court having jurisdiction in the premises. 

ARTICLE XII 

EXECUTION OF INSTRUMENTS BY 

BONDHOLDERS AND PROOF OF 

OWNERSHIP OF BONDS 

Section 12.01. Any request, direction, consent or other 
instrument in writing required or permitted by this ordi- 



264 ORDINANCES Ord. No. 555 

nance to be signed or executed by Bondholders may be in 
any number of concurrent instruments of similar tenor and 
may be signed or executed by such Bondholders in person 
or by agent appointed by an instrument in writinqf. Proof 
of the execution of any such instrument and of the owner- 
ship of Bonds shall be sufficient for any purpose of this 
ordinance and shall be conclusive in favor of the Trustee 
with regard to any action taken by it under such instru- 
ment if made in the following manner : 

(a) The fact and date of the execution by any person 
of any such instrument may be proved by the certificate of 
any officer in any jurisdiction who, by the laws thereof, has 
power to take acknowledgments within such jurisdiction, to 
the effect that the person signing such instrument acknowl- 
edged before him the execution thereof, or by ^n affidavit 
of a witness to such execution. 

(b) The fact of the holding of Bonds hereunder by any 
Bondholder and the numbers of such Bonds and the date of 
his holding the same (unless such Bonds be registered as to 
principal) may be proved by the affidavit of the person 
claiming to be such holder, if such affidavit shall be deemed 
by the Trustee to be satisfactory, or by a certificate exe- 
cuted by any trust company, bank, banker or member of 
the National Association of Securities Dealers or any other 
depository, wherever situated, if such certificate shall be 
deemed by the Trustee to be satisfactory, showing that at 
the d.ate therein mentioned such person had on deposit with 
such trust company, bank, banker or other depository the 
Bonds described in such certificate. The Trustee may con- 
clusively assume that such ownership continues until 
written notice to the contrary is served upon the Trustee. 
The ownership of Bonds registered as to principal shall be 
proved by the registration books kept under the provisions 
of Section 8.10 of this Ordinance. 

Nothing contained in this Article shall be construed as 
limiting the Trustee to such proof, it being intended that the 
Trustee may ^accept any other evidence of the matters 
herein stated which to it may seem sufficient. Any request 
or consent of the holder of any Bond shall bind every 
future holder of the same Bond in respect of anything done 
by the Trustee in pursuance of such request or consent. 



ORDINANCES 265 

ARTICLE XIII 

MODIFICATION OF THIS ORDINANCE AND 
THE LOAN AGREEMENT 

Section 13.01. This ordinance shall not be modified or 
amended in any respect except as provided in and in ac- 
cordance with and subject to the provisions of this Article. 

Section 13.02. 1. The City may, from time to time ^nd 
at any time, without the consent of Bondholders, adopt 
ordinances supplemental to this ordinance as follows : 

(a) To specify and determine any matters and things 
relative to Bonds which are not contrary to or inconsistent 

with this ordinance and which shall not adversely affect 
the interest of the Bondholders. 

(b) To cure any formal defect, omission or ambiguity 
in this ordinance if such action does not adversely affect 
the rights of the Bondholders ; or 

(c) To grant to or confer upon the Trustee for the 
benefit of the Bondholders any additional rights, remedies, 
powers, authority or security which may lawfully be granted 
or conferred and which ^re not contrary to or inconsistent 
with this ordinance as heretofore in effect ; or 

(d) To add to the covenants and agreements of the 
City in this ordinance, other covenants and agreements to 
be observed by the City which are not contrary to or in- 
consistent with this ordinance as theretofore in effect; or 

(e) To add to the limitations and restrictions in this 
ordinance, other limitations and restrictions to be observed 
by the City which are not contrary to or inconsistent with 
this ordinance as theretofore in effect ; or 

(f) To confirm, as further assurance, any pledge 
under, and the subjection to any claim, lien or pledge 
created or to be created by, the ordinance, of the Receipts 

and Revenues of the City from the Loan or of any other 
moneys, securities or funds. 

2. Before the City shall jadopt any supplemental ordi- 
nance pursuant to this Section, there shall have been filed 



266 ORDINANCES Ord. No. 555 

with the Trustee an opinion of counsel stating that such 
supplemental ordinance is authorized or permitted by this 
ordinance and complies with its terms, and that upon enact- 
ment it will be valid and binding upon the City in accord- 
ance with its terms. 

Section 13.03. 1. Subject to the terms and provisions 
contained in this Section and not otherwise, the holders of 
not less than 662/^% in aggregate principal amount of the 
Bonds then outstanding shall have the right from time to 
time, to consent to and approve the adoption by the City 
of any supplemental ordinance as shall be deemed neces- 
sary or desirable by the City for the purposes of modifying, 
altering, amending, adding to or rescinding, in any particu- 
lar, any of the terms or provisions contained in this ordi- 
nance; provided, however, that, unless approved in 
writing by all the holders of outstanding Bonds, nothing 
herein contained shall permit, or be construed as permitting, 
(i) a change in the terms of redemption or maturity of the 
principal of or the interest on any outstanding Bond, or a 
reduction in the principal amount or redeniption price of any 
outstanding Bond or the rate of interest thereon, or (ii) 
the creation of a claim or lien upon, or a pledge of, the 
Receipts and Revenues of the City from the Loan ranking 
prior to or on a parity with the claim, lien or pledge created 
by this ordinance, or (iii) a preference or priority of any 
Bond or Bonds over any other Bond or Bonds, or (iv) a 
reduction in the aggregate principal amount of the Bonds 
required for consent to such supplemental ordinance. 

2. If at any time the City shall determine to adopt any 
supplemental ordinance for any of the purposes of this 
Section, if coupon Bonds are then outstanding, it shall cause 
notice of the proposed supplemental ordinance to be pub- 
lished at least once a week for two successive weeks in a 
newspaper carrying financial news published at least weekly 
in tlie English lang-uage and of general circulation in the 
City of New York, New York. It shall also cause a similar 
notice to be mailed, postage prepaid, to all holders of Bonds 
registered as to principal and to all Bondholders who shall 
have filed their names and addresses with the Trustee for 
such purpose. Such notice shall briefly set forth the nature 
of the proposed supplemental ordinance and shall state 



ORDINANCES 267 

that a copy thereof is on file at the office of the Trustee for 
inspection by all Bondholders. 

3. Within 120 days after the date of the first publica- 
tion of such notice, the City may enact (the date of enact- 
ment shall be the date of passage and not the effective 
date) such supplemental ordinance in substantially the 
form described in such notice only if there shall have first 
been filed with the City (a) the written consents of holders 
of not less than 66%% in aggregate principal amount of the 
Bonds then outstanding and (b) an opinion of counsel stat- 
ing that such-supplemental ordinance is authorized or per- 
mitted by this ordinance and complies with its terms, and 
that upon enactment it will be v^lid and binding upon the 
City in accordance with its terms. 

4. If the holders of not less than the percentage of Bonds 
required by this Section shall have consented to and ap- 
proved the enactment thereof as herein provided, no holder 
of any Bond shall have any right to object to the enactment 
of such supplemental ordin.ance, or to object to any of the 
terms and provisions contained therein or the operation 
thereof, or in any manner to question the propriety of the 
enactment thereof, or to enjoin or restrain the City from 
enacting the same or from taking any action pursuant to the 
provisions thereof. 

5. Upon the adoption of any supplemental ordinance 
pursu,ant to the provisions of this Section, this ordinance 
shall be, and be deemed to be, modified and amended in 
accordance therewith, and the respective rights, duties and 
obligations under this ordinance of the City, the Trustee 
and all holders of Bonds then outstanding shall thereafter 
be determined, exercised and enforced under this ordinance 
subject in all respects to such modifications and amendments. 

Section 13.04. Any supplemental ordinance adopted in 
accordance with the provisions of this Article shall there- 
after form a part of this ordinance and all the terms and 
conditions contained in any such supplemental ordinance 
as to any provision authorized to be contained therein shall 
be and shall be deemed to be part of the terms and condi- 
tions of this ordinance for any and all such purposes. 

Section 13.05. Anything herein to the contrary notwith- 
standing, any supplemental ordinance under this Article 



268 ORDINANCES Ord. No. 555 

which Affects any rights, powers and authority of the Indus- 
try under the Loan Agreement or requires a revision of the 
Loan Agreement shall not become effective unless and until 
the Industry shall have consented to such supplemental 
ordinance. 

Section 13.06. The City and the Trustees may without 
the consent of or notice to the Bondholders consent to any 
amendment, change or modification of the Loan Agreement 
as may be required (i) by the provisions of the Lo^n Agree- 
ment and this ordinance, (ii) in connection with the issuance 
of Additional Bonds as provided in Section 2.09 hereof, or 
any refunding Bonds as provided in Section 2.11 hereof, (iii) 
for the purpose of curing any ambiguity or formal defect 
or omission, or (iv) in connection with any other change 
therein which, in the judgment of the Trustee, is not to the 
prejudice of the Trustee, or materially adverse to the holders 
of the Bonds. 

Section 13.07. Except as provided in Section 13.06 of 
this ordinance, the City and the Trustee shall not consent 
to any amendment, change or modification of the Loan 
Agreement without publication of notice and the written 
approval or consent of the holders of not less than 66%% 
in aggregate principal amount of the Bonds at the time 
outstanding given and procured as in Section 13.03 provided. 
If at any time the City and the Industry shall request the 
consent of the Trustee to any such proposed amendment, 
change or modification, the Trustee shall cause notice of such 
proposed amendment, change or modification to be pub- 
lished in the same manner as provided by Section 13.03 with 
respect to supplemental ordinances. Such notice shall 
briefly set forth the nature of such proposed amendment, 
change or modification and shall state that copies of the 
instrument embodying the same are on file at the principal 
office of the Trustee for inspection by all Bondholders. 

ARTICLE XIV 

MISCELLANEOUS 

Section 14.01. In the event of the dissolution of the City, 
all the covenants, stipulations, promises and agreements in 
this ordinance contained, by or on behalf of, or for the 



ORDINANCES 269 

benefit of, the City, shall bind or inure to the benefit of the 
successors of the City from time to time and any entity, 
officer, board, commission, agency or instrumentality to 
whom or to which any power or duty of the City shall be 
transferred. 

Section 14.02. Except as herein otherwise specifically 
provided, nothing in this ordinance expressed or implied is 
intended or shall be construed to confer upon any person, 
firm or corporation other than the City and the Trustee 
and the holders of the Bonds and coupons issued hereunder, 
any right, remedy or claim under or by reason of this 
ordinance, this ordinance being intended to be for the sole 
and exclusive benefit of the City and the Trustee and the 
holders of the Bonds and coupons issued hereunder. 

Section 14.03. In case any one or more of the provisions 
of this ordinance or of the Loan Agreement or of the Bonds 
or coupons issued hereunder shall, for any reason, be held 
to be illegal or invalid, such illegality or invalidity shall not 
affect any other provisions of this ordinance or of the Loan 
Agreement or of said Bonds or coupons, and this ordinance 
and the Loan Agreement and the Bonds or coupons shall be 
construed and enforced as if such illegal or invalid provi- 
sions had not been contained therein. 

Section 14.04. No covenant or agreement contained in 
the Bonds or coupons or in this ordinance sh^ll be deemed 
to be the covenant or agreement of any oflicial, oflScer, 
agent, or employee of the City in his individual capacity, and 
neither the members of the City Council nor any official 
executing the Bonds shall be liable personally on the Bonds 
or coupons or be subject to any personal liability or ;account- 
ability by reason of the issuance thereof. 

Section 14.05. The laws of the State of Maryland shall 
govern the construction of this ordinance and of all Bonds 
and coupons issued hereunder. 



270 ORDINANCES Ord. No. 555 

ARTICLE XV 

FORMS OF BONDS, COUPONS, TRUSTEE'S 

AUTHENTICATION CERTIFICATE AND 

LOAN AGREEMENT 

Section 15.01. Subject to the provisions of this ordi- 
nance and any ordinance supplemental hereto adopted in 
accordance with Article XIII hereof, the coupon Bonds, the 
coupons for interest to be attached thereto, the notation 
for registration to be printed thereon, the registered Bonds, 
the certificate of authentication to be executed thereon by 
the Trustee and the Loan Agreement to be executed by the 
Mayor and City Council of Baltimore and the Industry ^re 
to be in substantially the following forms, with necessary 
or appropriate variations, omissions and insertions as per- 
mitted or required by this ordinance. 

(FORM OF COUPON BOND) 

No $5,000 

United States of America 
State of Maryland 
City of Baltimore 

....% Pollution Control Revenue Bond 

(Allied Chemical Corporation Project) 

1974 Series 

The Mayor and City Council of Baltimore (the ''City"), 
a political subdivision and a body corporate and politic 
created and existing under the Constitution and lavrs of 
the State of Maryland, for value received, hereby promises 
to pay (but only out of the ''Receipts and Revenues of 
the City from the Loan" as herein defined) to the bearer 
or, if this bond be registered, to the registered owner 

hereof, on , or earlier as herein referred to, 

upon the presentation and surrender hereof, the principal 
sum of Five Thousand Dollars ($5,000) and to pay interest 
thereon (but only out of the "Receipts and Revenues of 
the City from the Loan" as herein defined) from the date 
hereof until maturity or, if this bond shall have been duly 
called for earlier redemption and payment of the redemp- 



ORDINANCES 271 

tion price shall have been made or provided for, until the 
date fixed for the redemption hereof, at the rate of .... per 
centum (....%) per annum, payable semiannually on the 

first days of and in each year, 

commencing , upon presentation and surrender 

of the appropriate coupons hereto attached as they several- 
ly mature. Both principal and interest on this Bond are 

payable at the principal office of (the 

"Trustee"), or of its successor as Trustee, in any coin 
or currency of the United States of America which, at 
the respective times of payment, is legal tender for the 
payment of public and private debts. 

This bond is one of a duly authorized issue of revenue 
bonds of the City, not exceeding Ten Million Dollars 
($10,000,000) in principal amount, and issued under and 
pursuant to the Constitution and laws of the State of 
Maryland, particularly Sections 266-A to 266-1, inclusive, 
of Article 41 of the Annotated Code of Maryland (1971 
Replacement Volume, as amended), as re-enacted by 
Chapter 52 of the Laws of Maryland of 1972, and under 

and pursuant to Ordinance No of the Mayor and City 

Council of Baltimore approved 1974 (the "Ordi- 
nance"), for the purpose of financing the acquisition by 
Allied Chemical Corporation, a New York corporation 
(the "Industry") of certain pollution control facilities 
(the "Pollution Control Facilities") at the Baltimore Plant 
of the Industry in the City. 

The Bonds are equally and ratably secured, to the extent 
provided in the Ordinance, by the pledge thereunder of 
the "Receipts and Revenues of the City from the Loan", 
which term is used herein as defined in the ordinance and 
which as therein defined includes all the payments pay- 
able by the Industry to the City under the Loan Agree- 
ment betv:een the City and the Industry dated as of 

(the "Loan Agreement") and all other revenues of the City 
attributable to the financing of the Pollution Control 
Facilities. 

As more fully provided in the Ordinance, the Bonds do 
not constitute an indebtedness or obligation to which the 
full faith and credit of the City are pledged but are limited 
obligations of the City, which is obligated to pay the 
principal of, the interest on, and the redemption premium 



272 ORDINANCES Ord. No. 555 

(if any) on, the Bonds only out of the Receipts and Reve- 
nues of the City from the Loan. The Bonds may also 
be paid out of any other moneys made available to the 
City or the Trustee for the payment thereof. The principal 
of, the interest on, or the redemption premium (if any) on, 
this bond, does not, and shall not ever, constitute an in- 
debtedness or a charge against the general credit or taxing 
powers of the State of Maryland or the City or any other 
political subdivision of such State within the meaning of 
any constitutional or charter provisions or statutory limit- 
ation and shall not constitute or give rise to any pecuniary 
liability of the City. 

Reference is hereby made to the ordinance for a full 
and complete statement of the provisions v/ith respect to 
the custody and application of the proceeds of the Bonds, 
the collection and disposition of the Receipts and Reve- 
nues of the City from the Loan pledged as security for the 
payment of the Bonds and interest thereon, the nature 
and extent of the security and the rights of the holders 
of the Bonds and coupons in respect thereto, the terms 
and conditions on which, and the purposes for which, the 
Bonds are issued and the rights, duties and obligations of 
the City and the Trustee thereunder, to all of vrhich the 
holder hereof, by acceptance of this bond, assents. 

As provided in the ordinance bonds of other series rank- 
ing on a parity with the Bonds of the series of which 
this bond is one may be issued, and such additional bonds 
may vary in such manner as is provided and permitted 
in the Ordinance. 

This bond is negotiable and shall pass by delivery, ex- 
cept when registered as to principal other than to bearer. 
This bond may be registered as to principal in the name 
of the owner on the registration books of the City in the 
principal office of the City Treasurer as Bond Registrar, 
upon presentation hereof at such office and the notation 
of such registration endorsed hereon by the Bond Registrar, 
and upon payment of any tax or other governmental charge 
required to be paid with respect to such registration, and 
this bond may thereafter be transferred only on such 
books, at the written request of the registered owner or 
his duly authorized attorney, and evidence of such transfer 
shall be in like manner endorsed hereon; but this bond 



ORDINANCES 273 

may be discharged from registration by being in like 
manner transferred to bearer, after which it shall again 
become transferable by delivery; and this bond may again 
and from time to time be registered or discharged from 
registration in the same manner. Registration of this bond 
shall not affect the negotiability of the coupons hereto 
attached, vrhich shall continue to pass by delivery and 
shall remain payable to bearer. 

The Bonds are issuable in the form of coupon Bonds, 
registrable as to principal only in the denomination of 
$5,000 each, and in the form of registered Bonds without 
coupons in the denomination of $5,000 each or any multiple 
thereof not exceeding the aggregate principal amount of 
Bonds maturing in any one year. 

The coupon Bonds, upon surrender thereof at the 
principal ofnce of the City Treasurer with all unmatured 
coupons, may, at the option of the holder thereof, be ex- 
changed for an equal aggregate principal amount of regis- 
tered Bonds without coupons of the same maturity and 
interest rate of any of the authorized denominations, upon 
payment of any tax or other governmental charge required 
to be paid with respect to such exchange, and in the 
manner and subject to the conditions provided in the ordi- 
nance. In like manner, upon payment of any required tax 
or other governmental charge and subject to such condi- 
tions, registered Bonds without coupons, upon the sur- 
render thereof at the principal office of the City Treasurer 
with a written instrument of transfer satisfactory to the 
City Treasurer, duly executed by the registered owner or 
his duly authorized attorney, may, at the option of the 
registered owner thereof, be exchanged for an equal ag- 
gregate principal amount of coupon Bonds of the same 
maturity and interest rate with appropriate coupons at- 
tached, or of registered Bonds without coupons of the same 
maturity and interest rate of any other authorized de- 
nominations. 

(REDEMPTION PROVISIONS TO BE INSERTED 
HERE WHEN ADOPTED BY RESOLUTION OF 
THE COMMISSIONERS OF FINANCE) 



274 ORDINANCES Ord. No. 555 

(SCHEDULE TO BE INSERTED HERE WHEN 
ADOPTED BY RESOLUTION OF THE COMMIS- 
SIONERS OF FINANCE) 

In the event any of the Bonds are called for redemption 
as aforesaid, notice thereof specifying the Bonds to be 
redeemed shall be given by publication not less than thirty 
days and not more than sixty days prior to the redemption 
date in a nevi^spaper or financial journal of general cir- 
culation published in the City of New York, New York, 
and in the case of the redemption of registered Bonds, 
upon mailing a copy of the redemption notice by first class 
mail at least thirty days prior to the date fixed for re- 
demption to the holder of each registered Bond to be re- 
deemed at the address shown on the registration books; 
provided, however, that failure to give such notice by mail- 
ing, or any defect therein, shall not affect the validity of 
any proceedings for the redemption of Bonds. If all of 
the Bonds to be redeemed are registered Bonds, notice 
by mailing given by first class mail to the holder or hold- 
ers thereof, at the addresses shown on the registration 
books not less than thirty days prior to the date fixed 
for redemption as aforesaid shall be sufficient, and pub- 
lished notice of the call for redemption need not be given, 
and failure duly to give such notice by mailing, or any 
defect in the notice, to the holder of any registered Bond 
designated for ledemption shall not affect the validity of 
the proceedings for the redemption of any other Bond. 
All Bonds so called for redemption will cease to bear inter- 
est on the specified redemption date, provided funds for 
their redemption are on deposit with the Trustee and sliall 
no longer be protected by the Ordinance and shall not be 
deemed to be outstanding under the provisions of the ordi- 
nance. If, because of the temporary or permanent suspen- 
sion of the publication or general circulation of any 
newspaper or financial journal or for any other reason, 
it is impossible or impractical to publish such notice of 
call for redemption in the manner herein provided, then 
such publication in lieu thereof as shall be made with the 
approval of the Trustee shall constitute a sufficient pub- 
lication of notice. 

Pursuant to the Loan Agreement, payments sufficient 
for the prompt payment when due of the principal of. 



ORDINANCES 275 

premium (if any), and interest on the Bonds are lo be 
paid to the Trustee for the account of the City and de- 
posited in a special account created by the City and desig- 
nated ''City of Baltimore Pollution Control Facilities 
Bond Fund — Allied Chemical Corporation Project" and 
have been pledged for that purpose. 

The holder of this bond shall have no right to enforce 
the provisions of the ordinance, or to institute action to 
enforce the covenants therein, or to take any action with 
respect to any default under the ordinance, or to institute, 
appear in or defend any suit or other proceedings with 
respect thereto, except as provided in the ordinance. 

All acts, conditions and things required by the Con- 
stitution and statutes of the State of Maryland, the 
Charter of the City and the ordinance to exist, to have 
happened and to have been performed precedent to and 
in the issuance of this bond, do exist, have happened and 
have been performed. 

No covenant or agreement contained in this bond or 
the ordinance shall be deemed to be a covenant or agree- 
ment of any officer, agent or employee of the City in his 
individual capacity, and neither the members of the City 
Council of the City nor any official executing this bond shall 
be liable personally on this bond or be subject to any 
personal liability or accountability by reason of the issu- 
ance of this bond. 

Neither this bond, nor any of the coupons for interest 
attached hereto, shall be entitled to any benefit under the 
ordinance, or be valid or become obligatory for any pur- 
pose, until this bond shall have been authenticated by the 
execution by the Trustee, or its successor as Trustee, of 
the Certificate of Authentication inscribed hereon. 

IN WITNESS WHEREOF, the City of Baltimore, 
Maryland, has caused this bond to be executed by its Mayor, 
by his facsimile signature, and its corporate seal or a 
facsimile thereof to be affixed, imprinted, engraved, or 
otherwise reproduced hereon, and attested by the City 
Treasurer, or Deputy City Treasurer, by his manual 
signature, and has caused the interest coupons attached 



276 ORDINANCES Ord. No. 555 

to be executed by the facsimile signature, of said Treasurer, 
or Deputy City Treasurer, all as of the day of 

Mayor and City Council of Baltimore 

By 

Mayor 

[SEAL] 



City Treasurer or Deputy City Treasurer 



Certificate of Registration 

(There must be no writing in the space below except 
by the Bond Registrar) 

Signature of 
Name of City Treasurer 

Date of Registered or Deputy 

Registration Holder City Treasurer 



[FORM OF INTEREST COUPON] 

On the first day of 

, 19.... 

No $ 

On the first day of , 19...., the Mayor and 

City Council of Baltimore (unless the Bond to which this 
coupon appertains shall have been duly called for previous 
redemption and payment of the redemption price made 
or provided for) will pay to bearer, subject to the provi- 
sions of the ordinance, but solely from the Receipts and 
Revenues of the City from the Loan, all as described in 
the Bond hereinafter mentioned, and upon presentation 
and surrender of this coupon at the principal office of the 



ORDINANCES 277 

Trustee, , in the City of , State of 

, or its successor in trust, or at the option of 

the holder hereof at the principal office of , in 

the , , the amount shown hereon in 

lawful money of the United States of America, as pro- 
vided in and being semi-annual interest then due on its 
Pollution Control Revenue Bond, Series 1974 (Allied 
Chemical Corporation Project), dated as of , 



Numbered . 
By 



City Treasurer or 
Deputy City Treasurer 



(FORM OF REGISTERED BOND 
WITHOUT COUPONS) 

No 

United States of America 

State of Maryland 

City of Baltimore 

....% POLLUTION CONTROL REVENUE BOND 

(Allied Chemical Corporation Project) 

1974 SERIES 

The Mayor and City Council of Baltimore (the "City"), a 
political subdivision and a body corporate and politic created 
and existing under the Constitution and laws of the State of 
Maryland, for value received, hereby promises to pay (but 
only out of the "Receipts and Revenues of the City from 

the Loan" as herein defined) to or 

registered assigns, on , or earlier as 

herein referred to, upon the presentation and surrender 

hereof, the principal sum of Dollars 

($ ) and to pay interest thereon (but only out 

of the "Receipts and Revenues of the City from the Loan" 
as herein defined) from the date hereof until maturity or, 
if this bond shall have been duly called for earlier redemp- 
tion and payment of the redemption price shall have been 
made or provided for, until the date fixed for redemption 

hereof, at the rate of per centum (....%) per annum, 

payable semiannually on the first days of and 

in each year, commencing Both principal and 



278 ORDINANCES Ord. No. 555 

interest on this bond are payable at the principal office of 

(the 'Trustee"), or of its successor as 

Trustee, in any coin or currency of the United States of 
America which, at the respective times of payment, is legal 
tender for the payment of public ^nd private debts. 

This bond is one of a duly authorized issue of revenue 
bonds of the City, not exceeding Ten Million Dollars ($10,- 
000,000) in principal amount, and issued under and 
pursuant to the Constitution and laws of the State of Mary- 
land, particularly Sections 266-A to 266-1, inclusive, of 
Article 41 of the Annotated Code of Maryl;and (1971 Re- 
placement Volume, as amended), as re-enacted by Chapter 
352 of the Laws of Maryland of 1972, and under and pur- 
suant to Ordinance No of the Mayor and City Council 

of Baltimore, approved (the "ordinance") for 

the purpose of financing the acquisition by Allied Chemical 
Corporation, a New York corporation (the ''Industry") of 
certain pollution control facilities (the "Pollution Control 
Facilities") at the Baltimore Plant of the Industry in the 
City. 

The Bonds are equally and ratably secured, to the extent 
provided in the ordinance, by the pledge thereunder, of the 
"Receipts and Revenues of the City from the Loan", which 
term is used herein as defined in the ordinance and which 
as therein defined includes all the payments payable by the 
Industry to the City under the Loan Agreement between 

the City and the Industry dated as of (the 

"Loan Agreement") and all other revenues of the City 
attributable to the financing of the Pollution Control 
Facilities. 

As more fully provided in the ordinance, the Bonds do 
not constitute an indebtedness or obligation to which the 
full faith and credit of the City are pledged but are limited 
obligations of the City, which is obligated to pay the princi- 
pal of, the interest on, and the redemption premium (if 
any) on, the Bonds only out of the Receipts and Revenues 
of the City from the Loan. The Bonds may also be paid out 
of any other moneys made available to the City or the 
Trustee for the payment thereof. The principal of, the inter- 
est on, or the redemption premium (if any) on, this bond, 
does not, ^nd shall not ever, constitute an indebtedness or a 



ORDINANCES 279 

charge against the general credit or taxing powers of the 
State of Maryland or the City or any other political subdivi- 
sion of such State within the meaning of any constitutional 
or charter provision or statutory limitation and sh^H not 
constitute or give rise to any pecuniary liability of the City. 

Reference is hereby made to the ordinance for a full and 
complete statement of the provisions with respect to the 
custody and application of the proceeds of the Bonds, the 
collection and disposition of the Receipts and Revenues of 
the City from the Loan pledged ;as security for the payment 
of the Bonds and the interest thereon, the nature and extent 
of the security and the rights of the holders of the Bonds 
and coupons in respect thereto, the terms and conditions on 
which, and the purposes for which, the Bonds are issued and 
the rights, duties and obligations of the City and the 
Trustee thereunder, to all of which the holder hereof, by 
acceptance of this bond, assents. 

As provided in the ordinance, bonds of other series Thank- 
ing on a parity with the Bonds of the series of which this 
bond is one may be issued, and such additional bonds may 
vary in such manner as is provided and permitted in the or- 
dinance. 

This bond is transferable, as provided in the ordinance, 
only upon the books of the City kept at the principal office 
of the City Treasurer, by the registered owner thereof in 
person or by his duly authorized attorney, and similarly 
noted thereon, or it may be surrendered in exchange for 
new Bonds of the same aggregate principal amount and 
interest rate, in coupon or registered form, as provided in 
the ordinance. 

The Bonds are issuable in the form of coupon Bonds, 
registrable as to principal only, in the denomination of 
$5,000 each, and in the form of registered Bonds without 
coupons in the denomination of $5,000 each or any multiple 
thereof not exceeding the aggregate principal amount of 
Bonds maturing in any one year. Bonds, upon surrender 
thereof at the principal office of the City Treasurer, with 
all unmatured coupons may, at the option of the holder 
thereof, be exchanged for an equal aggregate principal 
amount of registered Bonds without coupons of the same 
maturity and interest rate of any of the authorized denomi- 



280 ORDINANCES Ord. No. 555 

nations, upon payment of any tax or other governmental 
charge required to be paid with respect to such exchange, 
and in the manner and subject to the conditions provided 
in the ordinance. In like manner, upon payment of any re- 
quired tax or other governmental charge and subject to 
such conditions, registered Bonds without coupons, upon the 
surrender thereof at the principal office of the City Treas- 
urer, with a written instrument of transfer satisfactory to 
the City Treasurer, duly executed by the registered owner 
or his duly authorized attorney, may, at the option of the 
registered owner thereof, be exchanged for an equal aggre- 
gate principal amount of coupon Bonds of the s^me maturity 
and interest rate with appropriate coupons attached or of 
registered Bonds without coupons of the same maturity 
and interest rate of any other authorized denominations. 

(REDEMPTION PROVISIONS TO BE INSERTED 
HERE V/HEN ADOPTED BY RESOLUTION OF THE 
COMMISSIONERS OF FINANCE) 

(SCHEDULE TO BE INSERTED HERE WHEN 
ADOPTED BY RESOLUTION OF THE COMMIS- 
SIONERS OF FINANCE) 

In the event any of the Bonds are called for redemption 
as aforesaid, notice thereof specifying the Bonds to be re- 
deemed shall be given by publication not less than thirty 
days and not more than sixty days prior to the redemption 
date in a newspaper or financial journal of general circu- 
lation published in the City of New York, New York, and in 
the case of the redemption of registered Bonds, upon 
mailing a copy of the redemption notice by first 
class mail at least thirty days prior to the date 
fixed for redemption to the registered owner of any 
Bond to be redeemed at the address shown on the registra- 
tion books; provided, however, that failure to give such 
notice by mailing, or any defect therein, shall not affect the 
validity of any proceedings for the redemption of Bonds. If 
all the Bonds to be redeemed ^re registered Bonds, notice by 
mailing given by first class mail to the holder or holders 
thereof, at the addresses shown on the registration books 
not less than thirty days prior to the date fixed for redemp- 
tion as aforesaid shall be suflScient, and published notice of 
the call for redemption need not be given, and failure duly 
to give such notice by mailing, or any defect in the notice. 



ORDINANCES 281 

to the holder of any registered Bond designated for redemp- 
tion shall not affect the validity of the proceedings for the 
redemption of any other Bond. All Bonds so called for re- 
dsmption will cease to bear interest on the specified redemp- 
tion date, provided funds for their redemption are on 
deposit with the Trustee and shall no longer be protected 
by the ordinance and shall not be deemed to be outstanding 
under the provisions of the ordinance. If, because of the 
temporary or permanent suspension of the publication or 
general circulation of any newspaper or financial journal or 
for any other rjeason, it is impossible or impractical to pub- 
lish such notice of call for redemption in the manner herein 
provided, then such publication in lieu thereof ^s shall be 
made with the approval of the Trustee shall constitute a 
sufficient publication of notice. 

Less than all of a registered Bond without coupons in a 
denomination greater than $5,000 may be so redeemed, and 
in such case, upon the surrender of such Bond to the Trustee, 
there shall be issued to the registered owner thereof, with- 
out ch,arge therefor, for the unredeemed balance of the 
principal amount of such Bond, at the option of such owner, 
either coupon Bonds or registered Bonds without coupons of 
like series, maturity and interest rate of any of the author- 
ized denominations, as more fully set forth in the ordinance. 

Pursuant to the Loan Agreement, payments sufficient for 
the prompt payment when due of the principal of, premium^ 
if any, and interest on the Bonds ^re to be paid to the 
Trustee for the account of the City and deposited in a 
special account created by the City and designated "City 
of Baltimore Pollution Control Facilities Bond Fund-Allied 
Chemical Corporation Project" and have been pledged for 
that purpose. 

The holder of this bond shall h,ave no right to enforce the 
provisions of the ordinance, or to institute action to enforce 
the covenants therein, or to take any action with respect 
to any default under the ordinance, or to institute, 
appear in or defend any suit or other proceedings with re- 
spect thereto, except as provided in the ordinance. 

^ All acts, conditions ^nd things required by the Constitu- 
tion and statutes of the State of Maryland, the Charter of 
the City and the ordinance to exist, to have happened and to 



282 ORDINANCES Ord. No. 555 

have been performed precedent to and in the issuance of this 
bond, do exist, have happened and h^ve been performed. 

No covenant or agreement contained in this bond or the 
ordinance shall be deemed to be a covenant or agreement 
of any officer, agent or employee of the City in his indi- 
vidual capacity, and neither the members of the City 
Council of the City nor any official executing this bond 
shall be liable personally on this bond or be subject to any 
personal liability or accountability by reason of the issuance 
of this bond. 

Neither this bond, nor any of the coupons for interest 
attached hereto, shall be entitled to any benefit under the 
ordinance, or be valid or become oblig^atory for any purpose, 
until this bond shall have been authenticated by the execu- 
tion by the Trustee, or its successor as Trustee, of the 
Certificate of Authentication inscribed hereon. 

IN WITNESS WHEREOF, the City of Baltimore, Mary- 
land, has caused this bond to be executed by its Mayor, by 
his facsimile signature, and its corporate seal or a facsimile 
thereof to be affixed, imprinted, engraved or otherwise re- 
produced hereon, and attested by the City Treasurer or 
Deputy City Treasurer, by his manual signature, 
all as of the day of , 

M^yor and City Council of Baltimore 
[SEAL] 

By 

Attest : 



Mayor 



City Treasurer or 
Deputy City Treasurer 

(FORM OF TRUSTEE^S CERTIFICATE OF AUTHEN- 
TICATION TO BE ENDORSED ON ALL BONDS) 

This bond is one of the Bonds of the issue described in 
the within mentioned ordinance. 



As Trustee 

By 

Authorized Signature 



ORDINANCES 283 

FORM OF LOAN AGREEMENT 
LOAN AGREEMENT 

THIS LOAN AGREEMENT, dated as of , 

1974 between the Mayor and City Council of Baltimore, 
a body politic and corporate and a political subdivision 
of the State of Maryland, party of the first part, and 
ALLIED CHEMICAL CORPORATION, a corporation 
organized under the laws of the State of New York, duly 
qualified to conduct business in the State of Maryland, 
party of the second part, 

WITNESSETH : 

IN CONSIDERATION of the respective representations 
and agreements hereinafter contained, the parties hereto 
agree as follows (provided, that in the performance of the 
agreements of the party of the first part herein contained, 
any obligation it may thereby incur for the payment of 
money shall not create a pecuniary liability or a charge 
upon its general credit or against its taxing powers but 
shall be payable solely out of the proceeds derived from 
this Loan Agreement and the sale of the Bonds referred 
to in Section 3.2 hereof) : 

ARTICLE I 

DEFINITIONS 

Section 1.1. Certain terms used in this Loan Agreement 
are hereinafter defined in this Section 1.1. When used 
herein, such terms shall have the meanings given to them 
by the language employed in this Article I defining such 
terms, unless the context clearly indicates otherwise : 

"Act" means Sections 266-A to 266-1, inclusive, of 
Article 41 of the Annotated Code of Maryland (1971 Re- 
placement Volume) as amended and supplemented. 

"Agreement'' or "Loan Agreement" means the within 
Loan Agreement between the City and the Industry. 

"Authorized City Representative" means the person at 
the time designated to act in behalf of the City by written 
certificate furnished to the Industry and the Trustee, con- 



284 ORDINANCES Ord. No. 555 

taining the specimen signature of such person and signed on 
behalf of the City by the Mayor. Such certificate may 
designate an alternate or alternates. 

"Authorized Industry Representative" means the person 
at the time designated to act in behalf of the Industry 
by written certificate furnished to the City and the Trustee 
containing the specimen signature of such person and 
signed on behalf of the Industry by its President, or any 
Vice President or by the Chairm,an of its Board of Direc- 
tors. Such certificate may designate an alternate or al- 
ternates. 

"Baltimore Plant" means the Block Street chemical 
factory located within the City and owned and operated 
by the Industry, 

"Bonds" me^ns the Bonds of the City from time to time 
issued and outstanding under the ordinance. 

"Bond Fund" means the Bond Fund created in Section 
5.02 of the ordinance and referred to herein. 

"City" means the Mayor and City Council of Baltimore, 
a body politic and corporate and a political subdivision of 
the State of Maryland, and its successors and assigns. 

"Commissioners" means that board of finance known as 
the Commissioners of Finance of the City of Baltimore. 

"Completion D,ate" means the date of completion of the 
construction of the Pollution Control Facilities as that date 
shall be certified as provided in Section 3.5 hereof. 

"Construction Fund" means the Construction Fund 
created in Section 6.02 of the ordinance and referred to 
herein. 

"Independent Counsel" means an attorney duly admitted 
to practice law before the highest court of any state and 
not an employee of either the City or the Industry. 

"Industry" means: (i) the party of the second part 
hereto and its successors and assigns; and (ii) any surviv- 
ing, resulting or transferee corporation as provided in Sec- 
tion 6.3 hereof. 

"Mayor and City Council" me^ns the governing body 



ORDINANCES 286 

of the City of Baltimore, Maryland and any successor 
body. 

"Note" means the note executed by the Industry in sub- 
stantially the form provided in Exhibit B to this Agree- 
ment. 

"Ordinance" means the Bond Ordinance of the City en- 
acted on , 1974 providing for the terms and 

provisions under which the Bonds will be issued and pur- 
suant to which the City's interest in this Agreement is 
pledged as security for the payment of principal, premium, 
if any, and interest on the Bonds. 

"Pollution Control Facilities" means the facilities de- 
signed to collect, treat and dispose of the atmospheric 
emissions and industrial effluent originating at the Balti- 
more Plant which, as set out in Section 2.2 hereof, are 
to be constructed, installed or completed ^nd thereafter 
operated and maintained by the Industry and which are 
pollution control facilities within the meaning of Section 
103(c)(4)(F) of the Internal Revenue Code of 1954, as 
amended. The Pollution Control Facilities are more gen- 
erally described in Exhibit A attached hereto. 

"Resolution" shall mean the resolution of the Commis- 
sioners of Finance providing for the details of the Bonds, 
all as provided in the ordinance. 

''Series 1974 Bonds" means the 1974 Pollution Control 
Revenue Bonds (Allied Chemical Corporation Project) of 
the City, to be issued pursuant to the ordinance. 

"Trustee" means the trustee and/or the co-trustee ap- 
pointed pursuant to the Resolution. 

The words "hereof", "herein", "hereunder", and other 
words of similar import refer to this Loan Agreement as 
a whole. 

References to Articles, Sections, and other subdivisions 
of this Loan Agreement are to the designated Articles, 
Sections, and other subdivisions of the Loan Agreement 
as originally executed. 

The headings of this Loan Agreement are for convenience 
only and shall not define or limit the provisions hereof. 



286 ORDINANCES Ord. No. 555 

ARTICLE II 
REPRESENTATIONS AND UNDERTAKINGS 

Section 2.1. Representations by the City,. The City 
makes the following represent;ations as the basis for the 
undertakings on the part of the Industry herein contained : 

(a) The City is a political subdivision of the State of 
Maryland, and a body corporate and politic created and 
existing under the Constitution and laws of the St^te of 
Maryland ; 

(b) Under the terms of the Act the City has the power 
to enter into the transactions contemplated by this Agree- 
ment and to carry out its obligations hereunder ; 

(c) The City is not in default under any of the provi- 
sions of the laws of the State of Maryland which would 
affect its existence or its powers referred to in the preced- 
ing subsection (b) ; 

(d) Under the terms of the Act the City h^as power 
to enter into this Agreement, and by ordinance has duly 
authorized the execution and delivery hereof ; and 

(e) Under existing statutes and decisions no taxes on 
income or profits are imposed on the City. 

Section 2.2. Representations by the Industry, The In- 
dustry makes the following representations as the basis 
for the undertakings on its part herein contained: 

(a) The Industry is a corporation duly incorporated 
under the laws of New York, is in good standing under 
its charter and the laws of New York and the laws of 
Maryland, and has power to enter into this Agreement 
and by proper corporate action h^s been duly authorized 
to execute and deliver this Agreement. 

(b) Neither the execution and delivery of this Agree- 
ment, the consummation of the transactions contemplated 
hereby, nor the fulfillment of or compliance with the terms 
and conditions of this Agreement, conflict with or result 
in a breach of any of the terms, conditions or provisions 
of any corporate restriction of any agreement or instru- 
ment to which the Industry is now ^ party or by which 
it is bound, or constitute a default under any of the fore- 
going. 



ORDINANCES 287 

(c) The processes carried out at the Baltimore Plant 
result in the discharge of atmospheric emissions, and in- 
dustrial effluent into the Patapsco River. The City and the 
Industry agreed that the City would assist the Industry 
to finance the Pollution Control Facilities through the is- 
suance of Bonds pursuant to the Act. The construction of 
Pollution Control Facilities, including the reimbursement 
of the Industry for loans incurred or funds heretofore ad- 
vanced as aforesaid for such purposes, will require the 
expenditure of approximately $10,000,000. When completed 
the Industry proposes to operate and maintain the Pollu- 
tion Control Facilities in accordance with all applicable 
statutes, rules and regulations for the treatment and dis- 
position of the industrial waste originating at the Balti- 
more Plant (and such other industrial waste as may be 
tre^ed in accordance with this Agreement) . 

Section 2.3. Pindings by City, The City hereby con- 
firms its findings that : 

(a) The Industry is engaged in industrial activities in 
the City of Baltimore, Maryland requiring substantial 
capital and creating substantial employment opportunities, 
and is financially able to assume all obligations prescribed 
by the Act and by the ordinance and is qualified as an 
"industrial concern" to borrow the proceeds of the Bonds 
from the City to finance the acquisition by the Industry 
of the Pollution Control Facilities for purposes of the Act ; 

(b) The Pollution Control Facilities will promote the 
purposes of the Act by (i) maintaining employment and 
relieving unemployment in the City of Baltimore, Mary- 
liand, and elsewhere in the State of Maryland, (ii) en- 
couraging the increase of industry and a balanced economy 
in the State of Maryland, (iii) assisting in the retention 
of existing industry in the State of Maryland through the 
control, reduction or abatement of pollution of the environ- 
ment; (iv) promoting economic development; (v) protect- 
ing natural resources; and (vi) thus promoting the health, 
welfare and safety of the residents of the City of Balti- 
more, Maryland, and of the State of Maryland. 



288 ORDINANCES Ord. No. 555 

ARTICLE III 

CONSTRUCTION OF 
POLLUTION CONTROL FACILITIES 

Section 3.1. Agreement to Construct Pollution Control 
Facilities,. The Industry agrees that it will proceed with 
all reasonable dispatch to construct, install and complete 
the Pollution Control Facilities. 

Section 3.2. Agreement to Issue Series 197 U Bonds; 
Application of Bond Proceeds. In order to provide funds 
for payment of the costs of the Pollution Control Facil- 
ities, the City agrees that it will sell and cause to be 
delivered to the purchasers thereof the Series 1974 Bonds 
in the aggregate principal amount of not exceeding 
$10,000,000, and will thereupon: (i) deposit in the Bond 
Fund all accrued interest received on the s^le of the Bonds ; 
and (ii) deposit in the Construction Fund the balance of 
the proceeds received from said sale. 

Section 3.3. Disbursements from the Construction Fund. 
The City shall in the ordinance authorize and direct the 
Trustee to use the moneys in the Construction Fund for 
the following purposes (but subject to the provisions of 
Section 3.8 hereof, for no other purposes) : 

(a) Payment of the initial or acceptance fee of the 
Trustee, the fees for filing any financing stjatements and 
any curative documents that either the Trustee, the City 
or Independent Counsel may deem desirable to file for 
record in order to perfect or protect the security interest 
under the ordinance; and the fees and expenses in con- 
nection with any actions or proceedings that either the 
Trustee, the Industry, or Independent Counsel may deem 
desirable to bring in order to perfect or protect the security 
interest under the ordinance ; and the fees and expenses in 
connection with ^ny actions or proceedings that either the 
Trustee, the Industry, or Independent Counsel may deem 
desirable to bring in order to perfect or protect the 
security interest under the ordinance as aforesaid. 

(b) Payment to the Industry of such amounts, if any, 
as shall be necessary to reimburse the Industry in full for 
all advances and payments m^de by the Industry prior to 



ORDINANCES 289 

or after the delivery of the Bonds for expenditures in 
connection with the acquisition and construction of the 
Pollution Control Facilities and the preparation of plans 
and specifications therefor (including any preliminary 
study or planning of the Pollution Control Facilities or 
any aspect thereof) and all construction, acquisition and 
installation expenses required to provide utility services 
or other facilities, and all real or personal properties 
deemed necessary in connection with the Pollution Control 
Facilities (including architectural, engineering ^nd super- 
visory services with respect to any of the foregoing) . 

(c) Payment of the cost of legal, financial and account- 
ing fees and expenses, and printing and engraving costs in- 
curred in connection with the authorization, sale and issu- 
ance of the Bonds, the preparation of this Agreement, the 
ordinance, the Resolution, and all other documents in con- 
nection therewith and in connection with the acquisition 
and construction of the Pollution Control Facilities. 

(d) Payment for labor, services, materials and supplies 
used or furnished in site improvement and in the construc- 
tion of the Pollution Control Facilities, payment for the 
cost of the construction, acquisition, and installation of 
utility services or other facilities, and all real and per- 
personal property deemed necessary in connection with 
the Pollution Control Facilities and payment for the mis- 
cellaneous expenses incidental to any of the foregoing items 
including the premium on any surety bond. 

(e) Payment of the fees, or out-of-pocket expenses of 
the City, if any, incurred with respect to the Pollution 
Control Facilities. 

(f ) Payment to the Trustee as such payments become 
due, of the fees and expenses of the Trustee (as Trustee 
and paying agent) and of any paying agent properly in- 
curred under the ordinance that may become due during 
the Construction Period, or reimbursement thereof if p^id 
by the Industry. 

(g) To such extent as they shall not have been paid 
by a contractor for construction or installation with re- 
spect to any part of the Pollution Control Facilities, pay- 
ment of the premiums on all insurance required to be 



290 ORDINANCES Ord. No. 555 

taken out and maintained during the construction of the 
Pollution Control Facilities, or reimbursement thereof if 
paid by the Industry. 

(h) Payment of the taxes, assessments and other 
charges, if any, that may have become payable during the 
construction of the Pollution Control Facilities, or reim- 
bursement thereof if paid by the Industry. 

(i) Payment of expenses incurred in seeking to enforce 
any remedy against any contractor or subcontractor in 
respect of any default under a contract relating to the 
Pollution Control Facilities. 

(j) Payment of any other costs and expenses relating 
to the Pollution Control Facilities. 

(k) All moneys remaining in the Construction Fund 
after payment in full of the costs of acquiring, construct- 
ing and equipping the Pollution Control Facilities, and 
after payment of all other items (or making provisions 
for the payment thereof) provided for in the preceding 
subsections (a) to (j), inclusive, of this Section, shall at 
the direction of the Industry be: (i) used by the Trustee 
for the purchase of Bonds for the purpose of cancellation, 
at prices not exceeding the principal amount thereof plus 
accrued interest thereon to the date of delivery, or (ii) 
paid into the Bond Fund. 

Each of the payments made pursuant to the preceding 
subsections (a), (b), (c), (d), (e), (f), (g), (h), (i) and 
(j) of this Section shall be made only upon receipt by the 
Trustee of a written order by the Authorized Industry 
Representative, approved by the Authorized City Repre- 
sentative, which approval shall not be unreasonably with- 
held, which shall certify with respect to each such pay- 
ment: (i) that none of the items for which the payment 
is proposed to be made has formed the basis for any pay- 
ment theretofore made from the Construction Fund; and 
(ii) that each item for which the payment is proposed 
to be made is or was necessary in connection with Pollu- 
tion Control Facilities. 

Section 3.4. T)nistee May Rely on Orders and Certifica- 
tions. In making any such payment from the Construction 



ORDINANCES 291 

Fund, the Trustee may rely on any such orders and 
certifications delivered to it pursuant to Section 3.3, and 
the Trustee shall be relieved of all liability with respect 
to making such payments in accordance with such orders 
and certifications. 

Section 3.5. Establishment of Completion Date. The Com- 
pletion Date shall be evidenced to the Trustee by a certifi- 
cate signed by the Authorized Industry Representative, 
stating that, except for amounts retained by the Trustee 
for Pollution .Control Facilities costs not then due and pay- 
able as provided in Section 3.3. (k), construction of the 
Pollution Control Facilities has been completed in accord- 
ance v/ith the specifications therefor and all labor, services, 
materials and supplies used in such construction have been 
paid for, and all facilities necessary in connection with the 
Pollution Control Facilities have been constructed, acquired 
and installed in accordance with the specifications there- 
for and all costs and expenses incurred in connection there- 
with have been paid. Notwithstanding the foregoing, such 
certificate shall state that it is given without prejudice to 
any rights against third parties which exist at the date of 
such certificate or which may subsequently come into 
being. It shall be the duty of the Industry to cause the 
certificate contemplated by this Section 3.5 to be furnished 
as soon as the Pollution Control Facilities shall have been 
completed. 

Section 3.6. Industry Required to Pay Construction 
Costs in Event Construction Fund Insufficient. In the event 
the moneys in the Construction Fund available to loan to 
the Industry for payment of the costs of the Pollution 
Control Facilities shall not be sufficient to pay the costs 
thereof in full, the Industry agrees to complete, or cause 
to be completed, the Pollution Control Facilities and to 
finance all that portion of the costs of the Pollution Con- 
trol Facilities as may be in excess of the moneys available 
therefor in the Construction Fund. The City does not make 
any warranty, either express or implied, that the moneys 
which will be paid into the Construction Fund and whicli, 
under the provisions of this Agreement, will be available 
to loan to the Industry for payment of the costs of the 
Pollution Control Facilities, will be sufficient to provide loans 



292 ORDINANCES Ord. No. 555 

to pay all the costs which have been or will be incurred in 
that connection. The Industry agrees that if after exhaus- 
tion of the moneys in the Construction Fund the Industry 
shall finance any portion of the said costs of the Pollution 
Control Facilities pursuant to the provisions of this Sec- 
tion, it shall not be entitled to any reimbursement there- 
for from the City or from the Trustee or from the holders 
of any of the Bonds, nor shall it be entitled to any abate- 
ment or diminution of the payments required by Section 
4.3 hereof. 

Section 3.7. Authorized industry and City Representa- 
tives and Siiccessors. The Industry and the City, respec- 
tively, shall designate, in the manner prescribed in Section 
1.1, the Authorized Industry Representative and the Au- 
thorized City Representative. In the event that any per- 
son so designated and his alternate or alternates, if any, 
should become unavailable or unable to take any action or 
make any certificate provided for or required in this Agree- 
ment, a successor shall be appointed in the same manner. 

Section 3.8. Investment of Construction Fund and Bond 
Fund Moneys Pennitted. Any moneys held as a part of 
the Construction Fund or Bond Fund, and not required 
for immediate disbursements and withdrawal, shall be in- 
vested or reinvested by the Trustee, to the extent such 
investments are not prohibited by law for investment of 
bond proceeds by the City, in (i) general obligations, of, 
or obligations unconditionally guaranteed as to principal 
and interest by, the United States of America; (ii) bonds, 
debentures, participation certificates or notes issued by 
any agency or corporation which is or may hereafter be 
created by Act of the Congress of the United States as an 
agency or instrumentality thereof; (iii) Public Housing 
Bonds, Temporary Notes or Preliminary Loan Notes, fully 
secured by contracts with the United States; (iv) certifi- 
cates of deposit issued by the Trustee or any bank, trust 
company or national banking association, organized un- 
der the laws of the United States or any state thereof, 
which has a combined capital and surplus of at least 
$40,000,000, in any amount if collaterally secured by 
securities of the type described in (i), (ii) and (iii) above 
having a market value of not less than the amount of the 



ORDINANCES 293 

certificates of deposit so secured, or in an amount not 
exceeding 10% of such combined capital and surplus if 
not so collaterally secured. Such investments shall be made 
in the discretion of the Trustee; provided, however, the 
Industry may by written direction from the Authorized 
Industry Representative to the Trustee direct the invest- 
ments and such investments shall have maturities con- 
sonant with the need for funds as estimated by said Au- 
thorized Industry Representative. The Trustee may, and 
to the extent required for payments from the Construction 
Fund or Bond Fund shall, sell any such investment at 
any time, and the proceeds of such sale, and of all pay- 
ments at maturity and upon redemption of such invest- 
ments, shall be credited to the Fund in which such invest- 
ments were held. Interest and other income received on 
moneys or securities in either such Fund shall be credited 
to such Fund. The Industry covenants that it will not di- 
rect or permit investments which would cause the Series 
1974 Bonds to be "arbitrage bonds" within the meaning 
of Section 103(d)(2) of the Internal Revenue Code of 
1954, as amended, and the applicable regulations issued 
thereunder. 

ARTICLE IV 

EFFECTIVE DATE OF THIS AGREEMENT; DURA- 
TION OF AGREEMENT; REPAYMENT PROVISIONS; 
AND UNCONDITIONAL OBLIGATIONS OF 
INDUSTRY 

Section 4.1. Effective Date of this Agreement; Duration 
of Agreement. This Agreement shall become effective upon 
its delivery, and shall continue in full force and effect 
until the principal, or premium, if any, and interest on the 
Bonds have been fully paid (or provision for their pay- 
ment has been made in accordance with the provisions of 
this Ordinance), together with all sums to which the City 
or the Trustee are entitled hereunder. 

Section 4.2. Possession and Ownership of Pollution Con- 
trol Facilities. The Pollution Control Facilities shall be the 
sole property of the Industry, and the Industry shall have 
sole and exclusive possession of the Pollution Control Fa- 
cilities (subject to the right of the City to enter thereon 



294 ORDINANCES Ord. No. 555 

for inspection purposes and to the other provisions of Sec- 
tion 6.2 hereof). 

Section 4.3. Repayment of Loan and Payment of Other 
Amounts Hereunder. The City has made available to the 
Industry in the form of a loan the proceeds derived from 
the sale of the Series 1974 Bonds, and the Industry shall 
repay such loan in accordance vrith the provisions of this 
Section 4.3. Simultaneously with the authentication and 
delivery of the Series 1974 Bonds and as a condition prece- 
dent to any payments from the Construction Fund under 
Section 3.3 hereof, the Industry shall execute its note, 
in substantially the form set forth in Exhibit B hereto. 

On the last business day before , 1974, 

and on the last business day before each and 

thereafter, until the principal of, premium, 

if any, and interest on the Series 1974 Bonds shall have 
been fully paid or provision for the payment thereof shall 
have been made in accordance with the ordinance, the 
Industry shall pay to the Trustee; (i) if such date is 

, a sum equal to the amount payable on 

such date as interest upon the Series 1974 Bonds, as pro- 
vided in the ordinance; ^and (ii) if such date is , 

a sum equal to the amount payable on such date as prin- 
cipal (whether at the stated maturity or by sinking fund 
redemption pursuant to Section 3.02 of the ordinance) 
and interest upon the Series 1974 Bonds. 

In any event each payment under this Section shall be 
sufficient to pay the amount of interest or interest and 
principal (whether at maturity or by redemption or ac- 
celeration) and premium, if any, payable on the next suc- 
ceeding interest payment date, and if at any payment date 
(whether or not such payment date is an interest pay- 
ment date) the balance in the Bond Fund is insufficient 
to make the required payments of principal (whether at 
maturity or by redemption or acceleration) and premium, 
if any, and interest on such date, the Industry shall forth- 
with pay any such deficiency; provided that any amount 
at any time held by the Trustee in the Bond Fund shall 
be credited against the next payment to the extent such 
amount is in excess of the amount required for pa>Tnent 
of Bonds theretofore matured or called for redemption 



ORDINANCES 295 

and past due interest in all cases where such Bonds or 
coupons have not been presented for payment; and pro- 
vided further, that if the amount held by the Trustee in 
the Bond Fund should be sufficient to pay at the times 
required the principal of, premium, if any, and interest on 
the Series 1974 Bonds then remaining unpaid, the Industry 
shall not be obligated to make any further payments 
under the foregoing provisions of this Section. 

The Industiy agrees to pay to the Trustee until the 
principal of, premium, if any, and interest on the Series 
1974 Bonds shall have been fully paid: (i) an amount 
equal to the annual fee of the Trustee for the Ordinary 
Services of the Trustee, as Trustee, rendered, and its or- 
dinary Expenses, as Trustee, incurred under the ordi- 
nance, as and when the same becomes due; (ii) reason- 
able fees and charges of the Trustee, as paying agent, 
and any other paying agents on the Series 1974 Bonds for 
acting as paying agents as provided in the ordinance, and 
the City as bond registrar as provided in the ordinance, 
as and when the same become due; and (iii) the reason- 
able fees and charges of the Trustee for the necessary 
Extraordinary Services rendered by it and Extraordinary 
Expenses incurred by it under the ordinance, as and when 
the same become due; provided, that the Industry may, 
without creating a default hereunder, contest in good 
faith the necessity for any such Extraordinary Services 
and Extraordinary Expenses and the reasonableness of 
any such fees, charges or expenses. 

It is understood and agreed that all payments by the 
Industry under this Agreemient including payments pur- 
suant to the Note are to be assigned by the City to the 
Trustee. The Industry assents to such assignment and 
agrees tliat, as to the Trustee, its obligation to make such 
payments shall be absolute, irrevocable and unconditional 
and shall not be subject to any defense (other than pay- 
ment) or any right of set-off, counterclaim or recoupment 
arising out of any breach by the City of any obligation 
to the Industry, whether hereunder or otherwise, or out of 
any indebtedness or liability at any time owing to the In- 
dustry by the City. The City directs the Industry, and the 
Industry agrees, to pay to the Trustee at its principal of- 
fice all payments pursuant to this Agreement. 



296 ORDINANCES Ord. No. 555 

In the event the Industry shall fail to make any of the 
payments required in this Section 4.3, the item or install- 
ment so in default shall continue as an obligation of the 
Industry until the amount in default shall have been fully 
paid, and the Industry agrees to pay the same with in- 
terest thereon at one percentage point greater than the 
rate of interest on the Series 1974 Bonds until fully paid. 

Section 4.4. Place of Payments. The payments provided 
for in Section 4.3 hereof shall be paid directly to the 
Trustee for the account of the City and shall be deposited 
in the Bond Fund. The additional payments to be made to 
the Trustee under Section 4.3 hereof shall be paid directly 
to the Trustee for its own use or for disbursement to the 
paying agents, or to the City, as the case may be. 

Section 4.5. Obligations of Industry Hereunder Uncon- 
ditional. The obligations of the Industry to make the pay- 
ments required in Section 4.3 hereof and to perform and 
observe the other agreements on its part contained herein 
shall be absolute and unconditional, irrespective of any 
defense or any rights of set-off, recoupment or counter- 
claim it might otherwise have against the City, and the 
Industry shall pay absolutely net during the term of this 
Agreement the payments to be made on account of the 
loan as prescribed in Section 4.3 and all other payments 
required hereunder free of any deductions and without 
abatement, diminution or set-off other than those herein 
expressly provided; and until such time as the principal 
of and interest and premium, if any, on the Bonds shall 
have been fully paid, or provision for the payment thereof 
shall have been made in accordance with the Ordinance, 
the Industry: (i) v\dll not suspend or discontinue any pay- 
ments provided for in Section 4,3 hereof; (ii) will per- 
form and observe all of its other agreements contained 
in this Agreement; and (iii) except as provided in Article 
IX hereof, will not terminate this Agreement for any cause, 
including, without limiting the generality of the foregoing, 
failure of the Industry to complete the Pollution Control 
Facilities, the occurrence of any acts or circumstances that 
may constitute failure of consideration, destruction of or 
damage to the Pollution Control Facilities, commercial 
frustration of purpose, any change in the tax laws of the 



ORDINANCES 297 

United States of America or of Maryland or any political 
subdivision of either of these, or any failure of the City 
to perform and observe any agreement, whether express 
or implied, or any duty, liability or obligation arising out 
of or connected with this Agreement, except to the extent 
permitted by this Agreement. 

ARTICLE V 

OPERATION AND MAINTENANCE, 
INSURANCE AND CONDEMNATION 

Section 5.1. ^Operation and Maintenance of Pollution 
Control Facilities. The Industry agrees that it will operate 
and maintain the Pollution Control Facilities at all times 
hereafter in accordance with all applicable laws, rules and 
regulations, at its own expense and shall defray all costs 
in connection therewith (including from time to time all 
necessary repairs and renewals and replacements) so that 
the Pollution Control Facilities and all other facilities neces- 
sary or incidental thereto shall be kept in good repair and 
in good operating condition. 

Section 5.2. Insurance. The Industry shall keep at its own 
expense the Baltimore Plant and the Pollution Control 
Facilities at all times insured against loss or damage in 
accordance with the customary insurance practices of the 
Industry and shall deliver to the Trustee from time to 
time, if requested, certificates establishing that such in- 
surance has been obtained, or that the Industry is acting 
as a self-insurer. 

If the Industry at any time shall carry property damage 
or public liability insurance with specific reference to the 
Pollution Control Facilities or the operation thereof, the 
City and the Trustee shall be made additional insureds 
thereunder or included therein as their interests may ap- 
pear. 

The Industry releases the City and the Trustee from, 
agrees that the City and the Trustee shall not be liable 
for, and agrees to defend and hold the City and the 
Trustee harmless from, any liability for any loss or dam- 
age to property or any injury to or death of any person 
that may be occasioned by any cause whatsoever per- 
taining to the Pollution Control Facilities. 



298 ORDINANCES Ord. No. 555 

The Industry shall not, by reason of the payment of 
any costs to repair, rebuild or restore the Pollution Control 
Facilities in excess of the proceeds of insurance or con- 
demnation awards be entitled to any reimbursement from 
the City, the Trustee, or the holders or owners of the 
Bonds of any abatement or diminution of the payments 
prescribed under Section 4.8 hereof. 

Section 5.3. Damage, Destruction and Condemnation. 
Unless the Industry shall elect to exercise its option to 
terminate pursuant to Section 9.2, in the event that the 
Pollution Control Facilities or any part thereof (i) shall 
be damaged or destroyed by fire or other casualty, or 
(ii) title to or the temporary use of such shall be taken 
under the exercise of the power of eminent domain by any 
governmental authority, the Industry shall promptly re- 
place, repair, rebuild or restore the damaged, destroyed 
or condemned property to substantially the same condi- 
tion as existed prior to such event v»uth such changes, al- 
terations, deletions, improvements and modifications as 
m.ay be desired by the Industry and which do not disqualify 
the Pollution Control Facilities within the meaning of 
Section 103(c)(4)(F) of the Internal Revenue Code of 
1954, as amended. 

The Industry shall not, by reason of the pa.yment of any 
costs to repair, rebuild or restore the Pollution Control 
Facilities in excess of the proceeds of insurance or con- 
demnation aw^ard, be entitled to any reimbursement from 
the City, the Trustee, or the holders or owners of the 
Bonds of any abatement or diminution of the payments 
prescribed under Section 4.3 hereof. 



ARTICLE VI 
SPECIAL COVENANTS 

Section 6.1. No Warranty of Condition of Suitability 
by the City. The City makes no warranty, either express 
or implied, as to the condition of the Pollution Control 
Facilities, or that they will be suitable for the Industry's 
purposes or needs. 



ORDINANCES 299 

Section 6.2. City's Right <^' Access to the Pollution Con- 
trol Facilities. The Industry agrees that the City and the 
duly authorized agents of the City shall have the right at 
all reasonab]e times to enter upon, and to examine and 
inspect, the Pollution Control Facilities. 

Section 6.3. Industry to Maintain its Corporate Exist- 
ence; Conditions Under Which Exceptions Permitted,. 
The Industry agrees that during the term of this Agree- 
ment it will maintain its corporate existence, will not dis- 
solve or othej'wise dispose of all or substantially all of its 
assets, and v/ill not consolidate Vv^th or merge into another 
corporation or permit one or more other corporations to 
consolidate with or merge into it ; except, that the Industry 
may, without violating the agreement contained in this Sec- 
tion, consolidate with or merge into another corporation, 
or permit one or more corporations to consolidate with or 
merge into it, or sell or othervrise transfer to another cor- 
poration all or substantially all of its assets as an entirety 
and thereafter dissolve, provided the surviving, resulting 
or transferee corporation, as the case may be, assumes 
in writing all of the obligations of the Industry under this 
Agreement and the Note. 

Section 6.4. Qualification in Maryland. The Industry 
warrants that it is, and throughout the terms of this Agree- 
ment it will continue to be, duly qualified to do business in 
Maryland. 

Section 6.5. No Pecuniary Liability. The Act prescribes 
and the parties intend that by reason of making this 
Agreement, by reason of the issuance of the Bonds, by 
reason of the performance of any act required of it by 
this Agreement, or by reason of the performance of any 
act requested of it by the Industry, no indebtedness or 
charge against the general credit or taxing powers of the 
City within the meaning of any constitutional or charter 
provision or statutory limitation shall occur or shall ever 
constitute or give rise to any pecuniary liability of the City. 
Nevertheless, if the City shall incur any such pecuniary 
liability, then in such event the Industry shall indemnify 
and hold the City harmless by reason thereof. 



300 ORDINANCES Ord. No. 555 

Section 6.6. Financial Statements of Industry. The In- 
dustry agrees to have an annual audit made by its regular 
independent certified public accountant and to furnish the 
Trustee (within thirtj' days after receipt by the Industry) 
with a balance sheet and statement of income and surplus 
showing the financial condition of the Industry and its 
consolidated subsidiaries, if any, at the close of each fiscal 
year, and the results of operations of the Industry and 
its consolidated subsidiaries, if any, for each fiscal year, 
accompanied by a certificate of opinion of said account- 
ants. The Industry further agrees to furnish to the Trustee, 
to the initial purchaser of the Series 1974 Bonds, and, if 
requested in writing, to any bondholder all financial state- 
ments which it sends to its shareholders. 

Section 6.7. Additional Bonds. Subject to the obligations 
of the City under the ordinance, the City and the Industry 
may hereafter negotiate one or more amendments to this 
Agreement pertaining to obtaining of additional funds by 
the City to finance the completion of the Pollution Control 
Facilities or to provide additional pollution control facilities 
through the issuance of additional Bonds pursuant to Sec- 
tion 2.09 of the ordinance; provided that no obligation is 
imposed on the City by this Section 6.7 to enter into jany 
such amendment, and no such amendment is permitted 
hereunder which would result either in the breach of the 
City's agreements pursuant to the ordinance or in the 
reduction of the Industry's obligations pursuant to this 
Agreement. 

ARTICLE VII 

ASSIGNMENT, SUBLEASING, MORTGAGING AND 

SELLING; REDEMPTION; PREPAYMENT; AND 

TREATMENT OF ADDITIONAL WASTE 

Section 7.1. Assignment and Subleasing. This Agreement 
may be assigned, and the Pollution Control Facilities may 
be leased, sold or otherwise disposed of, as ^ whole or in 
part, by the Industry without the necessity of obtaining the 
consent of either the City or the Trustee, subject, however, 
to each of the following conditions : 

(a) No assignment (other than pursuant to Section 
6.3 hereof), leasing, sale or other disposition shall relieve 
the Industry from primary liability for any of its obliga- 



ORDINANCES 301 

tions hereunder, and in the event of any such Assignment 
or lease, sale or other disposition, the Industry shall con- 
tinue to remain primarily liable for the payments specified 
under this Agreement and for the payment, performance 
and observance of the other obligations and agreements 
on its part herein provided to be performed jand observed 
by it. 

(b) The assignee, lessee or transferee shall assume in 
writing the obligations and covenants of the Industry here- 
under to the extent of the interest acquired. 

(c) The Industry shall, within thirty days after the 
delivery thereof, furnish or cause to be furnished to the 
City and to the Trustee a true and complete copy of each 
such assignment, le^se, deed or other instrument, as the 
case may be. 

Section 7.2. Assignment of this Agreement by the City. 
The City will assign its interest in and pledge any moneys 
receivable under this Agreement (except payments pur- 
suant to Section 6.5 and Section 8.4 hereof), to the Trustee 
as security for payment of the principal of, premium, if 
any, and interest on the Bonds. 

Section 7.3. Redemption of Bonds. The City, at the re- 
quest at any time of the Industry ^nd if the same are 
then callable, shall forthwith take all steps that may be 
necessary under the applicable redemption provisions of 
the Resolution and the ordinance to effect redemption of 
all or part of the then outstanding Bonds, as m^y be speci- 
fied by the Industry, on the earliest redemption date on 
which such redemption may be made under such applicable 
provisions. The City shall cooperate with the Industry in 
effecting any purchase of Bonds to be delivered for credit 
as provided in the ordinance, against the sinking fund 
redemption obligation, if desired by the Industry. 

Section 7.4. Prepayments. There is expressly reserved 
to the Industry the right and the Industry is authorized 
and permitted at any time it may choose to prepay all or 
any part of the amounts payable under Section 4.3. hereof, 
and the City agrees that the Trustee may accept such pre- 
payments when the same are tendered by the Industry. 
All amounts so prepaid shall be credited on the payments 



302 ORDINANCES Ord. No. 555 

specified in Section 4.3 hereof, in the order of their due 
dates, or, if requested by the Industry, the City shall 
direct the Trustee to apply such payments to the purchase 
of Bonds in accordance with the ordinance. 

Section 7.5. Modification of Pollution Control Facilities. 
The Industry may from time to time in its sole discretion 
and at its own expense modify, improve or enlarge the 
Pollution Control Facilities in any way permitted by the 
then applicable statutes, rules and regulations for the pur- 
pose of meeting the Industry's pollution control needs ^nd 
which do not disqualify the Pollution Control Facilities 
within the meaning of Section 103(c)(4)(F) of the In- 
ternal Revenue Code of 1954, as amended. 

Section 7.6. Reference to Bonds Ineffective After Bonds 
Paid. Upon payment in full of the Bonds (or provision 
for payment thereof having been made in accordance with 
the provisions of the Ordinance) and all fees and charges 
of the Trustee, all references in this Agreement to the 
Bonds and the Trustee shall be ineffective and either the 
Trustee nor the holders of any of the Bonds shall there- 
after have any rights hereunder, saving and excepting 
those that shall have theretofore vested. For the purposes 
of this Agreement, the Bonds shall be deemed fully paid: 

(a) If there is on deposit in the Bond Fund an amount 
sufficient to p^y the principal of all the then outstanding 
Bonds plus the interest due thereon until and at their 
respective maturities, and provision for payment of all 
Trustee's and paying agents' fees, accrued and to accrue, 
has been made in a manner satisfactory to the Trustee 
and such paying agents ; or 

(b) If the Bonds have been paid as provided in Sec- 
tion 9.01 of the ordinance. 

ARTICLE VIII 
EVENTS OF DEFAULT AND REMEDIES 

Section 8.1. Events of Default Defined. The following 
shall be "events of default" under this Agreement and the 
terms "event of default" or "default" sh^ll mean, when- 



ORDINANCES 30n 

ever they are used in this Agreement any one or more of 
the following events: 

(a) Failure by the Industry to pay the amounts re- 
quired to be paid under the first two paragraphs of Section 
4.3 of this Agreement at the time specified therein. 

(b) Failure by the Industry to observe and perform 
any covenant, condition or agreement in this Agreement 
on the part of the Industry to be observed or performed, 
other than as referred to in subsection (a) of this Sec- 
tion, for a period of forty-five days after written 
notice, specifying such failure and requesting that it be 
remedied, given to the Industry by the City or the Trustee, 
unless the City and the Trustee shall agree in writing to 
an extension of such time prior to its expiration (or in the 
case of any such default which cannot with due diligence 
be cured within such 45-day period, if Industry shall fail 
to proceed promptly to cure the same and thereafter 
prosecute the curing of such default with due diligence, 
it being intended in connection with such a default not 
susceptible of being cured with due diligence within the 45 
days that the time within which the Industry may cure the 
same shall be extended for such period as may be necessary 
to complete the curing of the same with all due diligence). 

(c) The dissolution or liquidation of the Industry or 
the filing by the Industry of a voluntary petition in bank- 
ruptcy, or the commission by the Industry of any act of 
bankruptcy, or adjudication of the Industry as a bank- 
rupt, or assignment by the Industry for the benefit of its 
creditors, or the entry by the Industry into an agreement 
of composition with its creditors, or the approval by a 
court of competent jurisdiction of a petition applicable to the 
Industry in any proceeding for its reorganization instituted 
under the provisions of the general bankruptcy act, as 
amended, or under any similar act in any domestic or 
foreign jurisdiction which may now be in effect or 
hereafter enacted. The term "dissolution or liquidation of 
the Industry," as used in this subsection, shall not be con- 
strued to include the cessation of the corporate existence 
of the Industry resulting either from a merger or consolida- 
tion of the Industry into or with another corporation or a 
dissolution or liquidation of the Industry following a trans- 



304 ORDINANCES Ord. No. 555 

fer of all or substantially all of its assets as an entity, 
provided, that the conditions permitting such actions con- 
tained in Section 6.5 hereof shall h^ve been met. 

The forep:oing provisions of this Section are subject to 
the following limitations: If by any reason of force ma- 
jeure the Industry is unable in whole or in p^rt to carry 
out the agreements of the Industry on its part herein con- 
tained, other than the obligations on the part of the In- 
dustry contained in Article IV and Section 6.5 hereof, the 
Industry sh^all not be deemed in default during the con- 
tinuance of such inability. The term "force majeure" as 
used herein shall mean, without limitation, the following: 
acts of God; strikes; lockouts or other industrial disturb- 
ances; acts of public enemies; orders of any kind of the 
government of the United States or of Maryland or 
any of their departments, agencies or officials, or any civil 
or military authority ; insurrections ; riots ; epidemics ; land- 
slides; lightning: earthquakes; fire; hurricanes; storms; 
floods; washouts, droughts; arrests; restraint of govern- 
ment and people; civil disturbances; explosions; breakage 
or accident to machinery, transmission pipes or canals; 
partial or entire failure of utilities; or any other cause or 
event not reasonably within the control of the Industry, it 
being .agreed that the settlement of strikes, lockouts and 
other industrial disturbances shall be entirely within the 
discretion of the Industry, and the Industry shall not 
be required to make settlement of strikes, lockouts and 
other industrial disturbances by acceding to the demands 
of the opposing party or parties when such course is, in the 
judgment of the Industry, unfavorable to the Industry. 

Section 8.2. Remedies on Default. Whenever any event 
of default referred to in Section 8.1 hereof sh^ll have 
happened and be subsisting, the City may take any one or 
more of the following remedial steps : 

(a) The City or the Trustee as provided in the Ordi- 
nance may, at its option, declare all payments payable 
under the first two paragraphs of Section 4.3 hereof for 
the remainder of the term of this Agreement to be imme- 
diately due and payable, whereupon the same shall be- 
come immediately due and payable. 



ORDINANCES 305 

(b) In the event any of the Bonds shall at the time be 
outstanding and unpaid, the City m^y have access to and 
inspect, examine and make copies of the books and records 
and any and all accounts and similar data of the Industry. 

(c) The City may take whatever action at law or in 
equity may appear necessary or desirable to collect the 
payments and other amounts then due and thereafter 
to become due or to enforce performance and observance 
of any obligation, agreement or covenant of the Industry 
under this Agreement. 

Any amounts collected pursuant to action taken under 
this Section shall be paid into the Bond Fund and applied 
in accordance with the provisions of the Ordinance. 

No action taken pursuant to this Section shall relieve 
the Industry from the Industry's obligations pursuant to 
Section 4,3 and Section 8.2(a) hereof, all of which shall 
survive any such action, and the City and the Trustee 
may take whatever action at law or in equity as may appear 
necessary and desirable to collect the payments and other 
amounts then due and thereafter to become due and/or 
to enforce the performance and observance of any obliga- 
tion, agreement or covenant of the Industry hereunder. 

Section 8.3. No Remedy Exclusive. No remedy herein con- 
ferred upon or reserved to the City is intended to be ex- 
clusive of any other available remedy or remedies, but 
each and every such remedy shall be cumulative and shall 
be in addition to every other remedy given under this Agree- 
ment or now or hereafter existing at law or in equity or 
by statute. No delay or omission to exercise any right or 
power accruing upon any default shall impair any such 
right or power or shall be construed to be a w;aiver thereof, 
but any such right and power may be exercised from time 
to time and as often as may be deemed expedient. In order 
to entitle the City to exercise any remedy reserved to it in 
this Article, it shall not be necessary to give any notice, 
other than such notice as may be herein expressly required. 
Such rights and remedies as are given the City hereunder 
shall also extend to the Trustee, and the Trustee and the 
holders of the Bonds shall be deemed third party bene- 
ficiaries of all covenants and agreements herein contained. 



306 ORDINANCES Ord. No. 555 

Section 8.4. Agreement to Pay Attorney's Fees and Ex- 
penses. In the event the Industry should default under any 
of the provisions of this Agreement ^nd the City or the 
Trustee should employ attorneys or incur other expenses 
for the collection of amounts due hereunder or the en- 
forcement of performance or observance of any obligation 
or agreement on the part of the Industry herein contained, 
the Industry agrees that it will on demand therefor pay 
to the City or the Trustee the reasonable fee of such at- 
torneys and such other expenses so incurred by the City 
or the Trustee. 

Section 8.5. No Additional Waiver Implied by One 
Waiver. In the event any agreement contained in this Agree- 
ment should be breached by the Industry and thereafter 
waived by the City or the Trustee, such waiver shall be 
limited to the particular breach so waived and shall not be 
deemed to waive any other breach hereunder. 

ARTICLE IX 
OPTIONS IN FAVOR OF INDUSTRY 

Section 9.1. Option to Terminate. The Industry shall have, 
and is hereby granted, the following option to terminate 
this Agreement : 

At any time prior to full payment of the Bonds (or 
provision for payment thereof having been made in ac- 
cordance with the provisions of the Ordinance) the Industry 
may terminate this Agreement by paying to the Trustee 
an amount which, when added to the amount on deposit 
in the Bond Fund, will be sufficient to pay, retire and re- 
deem all the outstanding Bonds in accordance with the 
provisions of the Ordinance (including, without limiting the 
generality of the foregoing, principal, interest to maturity 
or earliest applicable redemption date, as the case may be, 
premium, expenses of redemption and Trustee's, bond reg- 
istrar's and paying agents' fees and expenses), and in 
case of redemption making arrangements satisfactory to 
the Trustee for the giving of the required notice of re- 
demption, and by paying to the City any and all sums 
then due to the City under this Agreement. 



ORDINANCES 307 

Section 9.2. Option to Ternvinate Agreement Prior to Pay- 
ment of the Bonds. The Industry shall have, and is hereby 
gT'anted, the option to terminate this Agreement prior to 
the full payment of the Bonds (or provision for payment 
thereof having been made in accordance with the provi- 
sions of the Ordinance), if any of the events set forth 
in the following clauses sKall have occurred (but only upon 
payment of the sum hereinafter prescribed) : 

(a) The Industry's Baltimore Plant or the Pollution 
Control Facilities shall have been damaged or destroyed 
to such an extent that in the opinion of the Industry, ex- 
pressed in a certificate of the Authorized Industry Repre- 
sentative filed with the City and Trustee, the Industry's 
Baltimore Plant or the Pollution Control Facilities can not 
be restored within a period of four months to the condition 
immediately preceding such damage or destruction and 
the Industry will thereby be prevented from conducting 
all, or substantially all, of its operations ^t the Baltimore 
Plant for a period of four months. 

(b) Title to, or the temporary use of, the Industry's 
Baltimore Plant or the Pollution (Control Facilities or part 
thereof, shall have been taken under the exercise of the 
power of eminent domain by any governmental body or 
by any person, firm or corporation acting under govern- 
mental authority to such an extent that in the opinion of 
the Industry expressed in a certificate of the Authorized 
Industry Representative filed with the City and Trustee, 
the Industry will thereby be prevented from conducting 
all, or substantially all, of its operations at the Baltimore 
Plant for a period of four months. 

(c) As a result of any changes in the Constitution of 
Maryland or the Constitution of the United States of 
America or of legislative or administrative action (whether 
state or federal) or by final decree, judgment or order of 
any court or administrative body (whether state or fed- 
eral) entered after the contest thereof by the Industry 
in good faith, this Agreement shall have become void or 
unenforceable or impossible of performance in accordance 
with the intent and purposes of the parties as expressed 
in this Agreement, or unreasonable burdens or excessive 
liabilities shall have been imposed on the City or the In- 



308 ORDINANCES Ord. No. 555 

dustry in respect of the B;altimore Plant including without 
limitation federal, state or other ad valorem, property, 
income or other taxes not being imposed on the date of 
this Agreement. 

(d) The Industry, by certificate of the Authorized In- 
dustry Representative filed with the City and Trustee shall 
determine: (a) the reconstruction or restoration of the 
Industry's Baltimore Plant or the Pollution Control Facili- 
ties after damage or destruction thereto or condemnation 
thereof is not economically feasible; or (b) to cease all, 
or substantially all, of its operations at the Industry's 
Baltimore Plant or the Pollution Control Facilities as a 
result of changes in the economic availability of raw mate- 
rials, operating supplies or facilities necessary to operate 
the Industry's Baltimore Plant or the Pollution Control 
Facilities, or technological or other conditions making the 
continued operation of the Industry's Baltimore Plant or 
the Pollution Control Facilities uneconomical. 

(e) Legal curtailment of the Industry's use and oc- 
cupancy of all of the Pollution Control Facilities or any 
part thereof, or all or substantially all of the Industry's 
Baltimore Plant. 

To exercise such option, the Industry shall, within ninety 
days following the event authorizing the exercise of such 
option, give written notice to the City, and to the Trustee 
if any of the Bonds sh^H then be unpaid, and shall specify 
therein the date of termination, which date shall not be 
less than forty-five nor more than ninety days from the 
date such notice is mailed, and in case of a redemption of 
the Bonds in accordance with the provisions of the Ordi- 
nance, shall make .arrangements satisfactory to the Trustee 
for the giving of the required notice of redemption, pro- 
vided that this option to terminate is conditioned upon the 
Industry's payment to the Trustee on or prior to the termi- 
nation date of the sum of the following : 

(1) An amount of money which, when added to the 
amount then on deposit in the Bond Fund, will be suffi- 
cient to retire and redeem all the then outstanding Bonds 
on the earliest redemption date provided by the ordi- 
nance, including, without limitation, principal, all interest 



ORDINANCES 309 

to accrue to said redemption date and redemption ex- 
penses ; plus 

(2) An amount of money equal to the Trustee's paying 
agents' ^nd bond registrar's fees and expenses under 
the ordinance accrued and to accrue until such fin^l pay- 
ment and redemption of the Bonds. 

In the event of the exercise of the option granted in 
this Section, any proceeds of insurance or condemnation 
not already paid to the Industry shall be paid to the 
Industry simultaneously with the Industry's payment of 
the sum prescribed in (1) and (2) ;above. 

If any of the events set forth in clauses (a), (b), (c), 
(d) or (e) of this Section 9.2 occur and the Industry does 
not exercise its option to terminate, which results from 
such event, then the Industry shall continue to operate and 
maintain the Pollution Control Facilities in accordance with 
this Agreement until the principal, premium, if any, and 
interest of the Bonds have been fully paid or provision 
for their payment has been made in accordance with the 
provisions of the ordinance, and until such time shall 
undertake any repairs thereto or restoration thereof re- 
quired under any provision of this Agreement. 

Section 9.3. Option to Prepay in Part in Certain Circum- 
stances. In ^addition to any other option to prepay amounts 
due under this Agreement, the Industry shall have and 
is hereby granted the option to prepay in part amounts 
due under Section 4.3 of this Agreement if, by reason of 
changes in federal or state requirements or standards or 
by reason of the availability of technologically improved 
methods of pollution control, the board of directors of the 
Industry determines to remove or abandon the use of any 
of the Pollution Control Facilities installed or constructed 
with the proceeds of the Bonds. To exercise such option, 
the Industry shall give written notice to the City and to 
the Trustee and shall specify therein the date of partial 
prepayment, which d^te shall be not less than forty-five 
nor more than ninety days from the date such notice is 
mailed, and shall make arrangements satisfactory to the 
Trustee for the giving of the required notice of redemption 
of the Bonds, provided that this option to prepay in part 



310 ORDINANCES Ord. No. 555 

is conditioned upon the Industry's payment to the Trustee, 
on or prior to the partial prep;ayment date, an amount of 
money which will be sufficient to retire and redeem that 
amount of the then outstanding Bonds which bears the 
same ratio to all of the then outstanding Bonds as the 
cost of the Pollution Control Facilities removed or aban- 
doned bears to the total cost of the Pollution Control Fa- 
cilities, on the earliest possible redemption date provided by 
the Indenture, including without limitation, principal, all 
interest to accrue to said redemption date, and redemption 
expenses. 

ARTICLE X 
MISCELLANEOUS 

Section 10.1. Notices. All notices, certificates or other 
communications hereunder shall be sufficiently given and 
shall be deemed given when mailed by registered mail, 
postage prepaid, or given when dispatched by telegram 
when telegraphic notice is permitted by express provisions 
of this Agreement, addressed as follows: If to the City, to 
the City Treasurer, City Hall, Baltimore, Maryland 
21202; if to the Industry, P.O. Box 1219R, Morristown, 
N.J. 07960, Attention: Treasurer; of to the Trustee, at 

the , 

Attention: Corporate Trust Department. The City, the 
Industry and the Trustee may, by notice given to all parties 
to this Agreement and the ordinance, designated any fur- 
ther or different addresses to which subsequent notices, 
certificates or other communications shall be sent. 

Section 10.2. Filing, 

(a) The security interest of the City created herein 
shall be perfected by the filing of financing statements 
which fully comply with the Maryland Uniform Commer- 
cial Code — Secured Transactions, in the office of the Clerk 
of the Superior Court of Baltimore City, and in the Office 
of the State Department of Assessments and Taxation, 
in the City of Baltimore, Maryland. The parties further 
agree that all necessary continuation statements shall be 
filed within the time prescribed by the Maryland Uniform 



ORDINANCES 311 

Commercial Code-Secured Transactions, in order to con- 
tinue the security interests created by this Agreement, to 
the end that the rights of the holders of the Bonds and 
the Trustee shall be fully preserved as against creditors of, 
or purchasers for value from, the City or the Industry. 

Section 10.3. Binding Effect, This Agreement shall inure 
to the benefit of and sh,all be binding upon the City, the 
Industry and their respective successors and assigns; sub- 
ject, however, to the limitations contained in Sections 6.3^ 
7.1, 7.2 and 7.3 hereof. 

Section 10.4. Severability. In the event any provision of 
this Agreement shall be held invalid or unenforceable by 
any court of competent jurisdiction, such holding shall not 
invalidate or render unenforceable any other provision 
hereof. 

Section 10.5. Amounts Remaining in Bond Fund. It is 
agreed by the parties hereto that any amounts remaining 
in the Bond Fund after payment in full of the Bonds (or 
provision for payment thereof having been made in ac- 
cordance with the provisions of the ordinance) and the 
fees, charges and expenses of the Trustee and paying 
agents in accordance with the ordinance, shall belong to 
and be paid to the Industry by the Trustee as overpay- 
ments. 

Section 10.6. Amendments, Changes and Modifications. 
This Agreement may not be amended, changed, modified, 
altered or terminated without in each instance the prior 
written consent of the Trustee provided the City and the 
Industry may hereafter negotiate one or more amendments 
to this Agreement pertaining to an increase in the obliga- 
tions of the City and the Industry upon an undertaking of 
the Industry to complete the Pollution Control Facilities 
or to construct or acquire additional pollution control facili- 
ties through the issuance of additional Bonds pursuant to 
Section 2.09 of the ordinance; provided that no obliga- 
tion is imposed on the City by this Section 10.6 to enter 
into any such amendment and no such amendment is per- 
mitted hereunder which would result either in the breach 
of the City's agreements pursuant to the ordinance or in 
the reduction of Industry's obligations pursuant to this 
Agreement. 



312 ORDINANCES Ord. No. 555 

Section 10.7. Execution of Count erpdrts,. This Agree- 
ment may be executed in several counterparts, each of 
which shall be an original and all of which shall constitute 
hut one and the sam.e instrument. 

Section 10.8. Law Governing Constrvxtion of Agreement. 
This Agreement is prepared and entered into with the in- 
tention that the law of the State of Maryland shall govern 
its construction. 

IN WITNESS WHEREOF, THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, has executed this Agreement 
by causing its name to be hereunto subscribed by the 
Mayor, its corporate seal to be impressed hereon, and at- 
tested by the Deputy City Treasurer; and Allied Chemical 
Corporation has executed this Agreement by causing its 
corporate name to be hereunto subscribed by one of its 
Vice Presidents, its corporate seal to be impressed hereon, 
and attested by its Secretary or one of its Assistant Sec- 
retaries, all being done as of the day and ye^r first above 
written. 

MAYOR AND CITY COUNCIL OF 
BALTIMORE 



By 

Mayor 



[SEAL] 
ATTEST 



Deputy City Treasurer 



[SEAL] ALLIED CHEMICAL CORPORATION 

ATTEST : 



By 

Vice President 



Secretary 



ORDINANCES 818 

(AFFIDAVITS OF NOTARY PUBLIC AS TO SIGNA- 
TURES OF MAYOR AND ALLIED CHEMICAL COR- 
PORATION VICE PRESIDENT) 



ASSIGNMENT 

THE MAYOR AND CITY COUNCIL OF BALTIMORE, 

a body corporate and politic organized and existing under 
and by virtue of the Constitution and laws of the State of 

Maryland (the ''City") pursuant to Ordinance No 

of the Mayor and City Council of Baltimore, approved 

, 1974, does hereby sell, assign, transfer 

and set over to , 

having its principal office and place of business in 

(the "Trustee"), as Trustee under said Or- 
dinance, without recourse, all the right, title and interest 

of the City in and to the Loan Agreement dated 

1974, between the City and Allied Chemical Corporation, 
a New York corporation, including the Pollution Control 

Note dated 1974, issued pursuant to said 

Loan Agreement as well as all amounts payable or which 
may become payable under said Loan Agreement and said 
Note, the same to be held in trust and applied by the Trustee 
as provided in said Ordinance; and the City does hereby 
constitute and appoint the Trustee its true and lawful at- 
torney for it and in its name to collect and receive pay- 
ment of any and all of said payments and to give good and 
sufficient receipts therefor, hereby ratifying and confirm- 
ing all that said attorney may do in the premises. The 
Trustee may, but except as otherwise provided in said Ordi- 
nance shall not be required to, institute any proceedings 
or take any action in its name or in the name of the City 
to enforce payment or collection of any or all of such pay- 
ments. 

IN WITNESS WHEREOF, the Mayor and City Coun- 
cil of Baltimore, has caused this assignment to be duly ex- 
ecuted in its name by its Mayor, and its corporate se^l to 
be hereunto affixed, and attested by the City Treasurer 6r 



314 ORDINANCES Ord. No. 555 
Deputy City Treasurer, all as of the day of 



MAYOR AND CITY COUNCIL 
[SEAL] BALTIMORE 

: By 

Mayor 
Attest : 



City Treasurer or Deputy City 
Treasurer 



EXHIBIT A 

Exhibit A shall describe the Pollution Control Facilities and 
shall be inserted here when adopted by resolution of the 
Commissioners of Finance prior to the sale of the Bonds. 

EXHIBIT B 

(To Loan Agreement dated as of , 1974, be- 
tween the Mayor and City Council of Baltimore and Allied 
Chemical Corporation. ) 

POLLUTION CONTROL NOTE 

Allied Chemical Corporation (the "Industry"), a New 
York Corporation, for value received, hereby promises to 

pay, on or before , the principal amount 

of $...., , together with interest on the unpaid 

amount thereof at the rate borne by the Bonds referred 
to below, to the Mayor and City Council of Baltimore (the 
'*City"), a body corporate and politic, created and exist- 
ing under and by virtue of the Constitution and laws of 
the State of Maryland. 

Such principal amount and interest are payable in such 
amounts and at such times as are provided in the Loan 
Agreement to finance pollution control facilities (the "Loan 
Agreement") between the City and the Industry dated 

, for the repayment of the loan therein 

referred to and the payment of interest thereon, including 
provision for prepayment of said loan in certain c;ases, and 



ORDINANCES 315 

payments of such principal and interest shall be made in 
accordance with and subject to the terms of the Loan 
Agreement. The Loan Agreement was entered into by the 

City pursuant to Ordinance No (the "Ordinance") 

of the M^yor and City Council of Baltimore, approved 

authorizing the issuance of not to 

exceed $10,000,000 principal Amount of Pollution Control 
Revenue Bonds (Allied Chemical Corporation Project), 
1974 Series, dated , under the provi- 
sions of Sections 266-A to 266-1, inclusive, of Article 41 of 
the Annotated Code of Maryland (1971 Replacement Vol- 
ume, as amended) . 

This Note is issued to evidence the obligation of the In- 
dustry under and pursuant to the Loan Agreement to re- 
pay the lojan made by the City to the Industry thereunder, 
together with interest thereon, which Loan Agreement (to- 
gether with this Note) is required by the Ordinance to be 

assigned by the City to , a 

corporation organized and existing under the laws of the 

State of , Trustee under the Ordinance. 

Reference is hereby made to the provisions of the 
Loan Agreement which are incorporated herein as a 
part hereof. 

Nothing contained in this Note shall in any way impair 
the obligation of the Industry to make all payments re- 
quired by the Loan Agreement; provided, however, the 
Industry shall be entitled to credit the amounts av;ailable 
in the Bond Fund under the Ordinance which may be ap- 
plied to the payment of principal, redemption premium, 
if any, or interest on said Bonds, to its obligation under 
this Note. 

Upon the payment of the Bonds as provided in the Ordi- 
nance, all sums remaining to be paid under the provisions 
of the Note shall be deemed to be cancelled and the obliga- 
tions of the Industry under this Note shall be terminated. 

This Note shall be governed and construed in accordance 
with the laws of the State of Maryland. 

Presentment, demand, protest, notice of dishonor or any 
other notice of any kind are hereby expressly waived. 



316 ORDINANCES Ord. No. 556 

IN WITNESS WHEREOF, the Industry has caused 
this Note to be duly executed and delivered. 

Dated: ,1974 

ALLIED CHEMICAL CORPORATION 

By: 

Vice President 
Attest : 

(SEAL) 

Secretary 

Sec. 4. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved March 19, 1974. 

WILLIAM DONALD SCHAEFER, Mayor, 



No. 556 

(Council No. 806) 

An Ordinance authorizing the Mayor and City Council of 
Baltimore to sell at either public or private sale in accord- 
ance with Article V Section 5(b) of the City Charter, 
all of the interest of the Mayor and City Council of Balti- 
more in and to those parcels of land situate in Baltimore 
City known as No. 1000 N. Arlington Avenue, UMj i4i€ 
e. Baltimore Stroot, 1115, 1116 Barclay Street, 1219 
Bayard Street, 1219 N. Broadway, 2014, 2020, 2207, 2215, 
2219, 2221, 2230 N. Calvert Street, 117 Diamond Street, 
1732, 1734 N. Duncan Street, 25 S. Eden Street, 6SS 
Eisleft Stroot, 1261 E. Fayette Street, 1204 N. Gay Street, 
2003 Maisel Street, 524^ 5S% 543^ 544^ 546-48, 400, 606 
S. Paea Stroot, 637, 639, 649, 651 W. Pratt Street, 510, 
512, 514 Scott Street, 1333 Ward Street, South side 
Bremen Street 100 feet east of Maisel Street known as 
Lot 2 City Block Plat 7882, Lot rear 1607 Shakespeare 
Street known as Lot 42 City Block Plat 1820. Said prop- 
erty being no longer needed for public use. 



ORDINANCES 317 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Comptroller of Baltimore City be 
and he is hereby authorized to sell at either public or 
private sale in accordance with Article V Section 5(b) of 
the City Charter, all of the interest of the Mayor and City 
Council of Baltimore in and to those parcels of ground 
situate in Baltimore City known as No. 1000 N. Arlington 
Street, UUy U^ E. Baltimore Stroot, 1115, 1116 Barclay 
Street, 1219 Bayard Street, 1219 N. Broadway, 2014, 2020, 
2207, 2215, 2219, 2221, 2230 N. Calvert Street, 117 Diamond 
Street, 1732, 1734 N. Duncan Street, 25 S. Eden Street, €SS 
Eislon Street, 1261 E. Fayette Street, 1204 N, Gay Street, 
2003 Maisel Street, ^2^ 5^ &4S, 544, 546 48, 400^ 40^ Sv 
gaea Street, 637, 639, 649, 651 W. Pratt Street, 510, 512, 514 
Scott Street, 1333 Ward Street, Lot South side Bremen 
Street 100 feet east of Maisel Street known as Lot 2 City 
Block Plat 7882, Lot rear 1607 Shakespeare Street known 
as Lot 42 City Block Plat 1820. Said property being no 
longer needed for public use. 

Sec. 2. Be it further ordained, That no deed or deeds 
shall pass in accordance herewith until the same shall have 
been first approved by the City Solicitor. 

Sec. 3. And he it further ordained. That this ordinance 
shall take effect from the date of its passage. 

Approved March 21, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 557 
(Council No. 889) 

An Ordinance authorizing the Mayor and City Council of 
Baltimore to sell at either public or private s^le in ac- 
cordance with Article V, Section 5(b) of the City Charter, 
all of the interest of the Mayor and City Council of Balti- 
more in and to those properties situate in Baltimore City 
known as Nos. 1738, 1751 Brady Avenue, 1716, 1718, 
1802, 1809, 1813 through 1825 N. Calvert Street, 458 



318 ORDINANCES Ord. No. 558 

E. Cross street, 2349 Druid Hill Avenue, 3716 Falls Road, 
1206, 1210, 1212, 1214 W. Fayette Street, 2108 Green- 
mount Avenue, 2206, 2207, 2208, 2229, 2321 Guilford 
Avenue, 1810 Madison Avenue, 1004, 1006 Somerset 
Street, 1005, 1007, 1011 Sterrett Street, 632 Wyeth Street, 
and parcel situate on the northwest side of Collidgo COO- 
LIDGE Avenue west corner of Joh Avenue known as Lot 
16 on City Block Plat 7654C. Said property being no 
longer needed for public use. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Comptroller of Baltimore City be 
and he is hereby authorized to sell at either public or private 
sale, in accordance with the provisions of Article V, Section 
5(b) of the City Chaii;er, all of the interest of the Mayor 
and City Council of Baltimore in and to those lots of ground 
situate in Baltimore City known as Nos. 1738, 1751 Brady 
Avenue, 1716, 1718, 1802, 1809, 1813 through 1825 N. 
Calvert Street, 458 E. Cross Street, 2349 Druid Hill Ave- 
nue, 3716 Falls Road, 1206, 1210, 1212, 1214 W. Fay- 
ette Street, 2108 Greenmount Avenue, 2206, 2207, 2208, 
2229, 2321 Guilford Avenue, 1810 Madison Avenue, 1004, 
1006 Somerset Street, 1005, 1007, 1011 Sterrett Street, 
632 Wyeth Street, and parcel situate on the northwest side 
of Collidgo COOLIDGE Avenue west corner of Joh Avenue, 
known as Lot 16 on City Block Plat 7654C. Said property 
being no longer needed for public use. 

Sec. 2. Be it further ordained, That no deed or deeds 
shall pass in accordance here\vith until the same shall have 
been first approved by the City Solicitor. 

Sec. 3. And he it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved March 21, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 558 
(Council No. 1224) 

An Ordinance to add new Section 236 (105a) to Article 31 
of the Baltimore City Code (1966 Edition), title "Transit 



ORDINANCES 319 

and Traffic," subtitle "Parking and Stopping," providing 
reserved parking for physicians in attendance at Central 
Medical Center on the west side of Eutaw Street between 
Cider Alley and Redwood Street. 

Section 1. Be it ordained by the Mayor and City Coun- 
cil of Baltimore, That new Section 236 (105a) be and it is 
hereby added to Article 31 of the Baltimore City Code 
(1966 Edition), title "Transit and Traffic," subtitle "Park- 
ing and Stopping," to read as follows : 

236. 

(105a) Eutaiv Street, ivesterly side, from Cider Alley to 
Redivood Street, parking reserved for physicians with per- 
mits in attendance at Central Medical Center, 

Sec. 2. And he it further ordained. That this ordinance 
shall take effect from the date of its passage. 

Approved March 21, 1974. 

WILLIAM DONALD SCHAEFER, Mayor, 



No. 559 
(Council No. 1225) 

An Ordinance to add new Section 236(105a-l) to Article 31 
of the Baltimore City Code (1966 Edition) , title "Transit 
and Traffic," subtitle "Parking and Stopping," providing 
reserved parking for physicians in attendance at Central 
Medical Center on the East Side of Eutaw Street between 
Cider Alley and Redwood Street. 

Section 1. Beit ordained by the Mayor and City Coun- 
cil of Baltimore, That new Section 236(105a-l) be and it 
is hereby added to Article 31 of the Baltimore City Code 
(1966 Edition), title "Transit and Traffic," subtitle "Park- 
ing and Stopping," to read as follows: 

236. 

(105a-l) Eutaiv Street, easterly side, from Cider Alley 
to Redwood Street, parking reserved for physicians with 
permits in attendance at Central Medical Center, 



320 ORDINANCES Ord. No. 560 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved March 21, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 560 

(Council No. 833) 

An Ordinance to approve the application of the Pi Omega 
Que-Man Housing Corporation to have 36.9 acres of land 
located south of Wetheredsville Road designated a Resi- 
dential Planned Development in accordance with Sec- 
tion 12.0-2 of Article 30 of the Baltimore City Code 
(1966 Edition), as amended by Ordinance No. 1051, ap- 
proved April 20, 1971 ; and to approve the development 
plan submitted by the Pi Omega Que-Man Housing Cor- 
poration. 

Whereas, on April 27, 1973, the Pi Omega Que-Man 
Housing Corporation met with the Director of Planning, 
the designated officer of the Planning Commission of Balti- 
more City to hold a Pre-Petition Conference to explain the 
scope and nature of existing and proposed development on 
the property in order to institute proceedings to have said 
property designated a Residential Planned Development; 
and 

Whereas, together herewith the Pi Omega Que-Man 
Housing Corporation made formal application to the City 
Council of Baltimore City and has submitted requisite de- 
velopment plan to include those requirements specified in 
Section 12.0-1 of Article 30 of the Code (1966 Edition), 
as amended by Ordinance No. 1051, approved April 20, 
1971 ; now, therefore, 

Section 1. Be it ordained by the Mayor and City 
Council of Baltimore, That the application of the Pi Omega 
Que-Man Housing Corporation to designate the 36.9 acres 



ORDINANCES 321 

south of Wetheredsville Road, as outlined m tke ON THE 
REVISED plats accompanying this ordinance, a Residential 
Planned Development pursuant to Article 30, Section 12.0-2 
of the Baltimore City Code (1966 Edition), as amended by 
Ordinance No. 1051, approved April 20, 1971, be and it is 
hereby approved. 

Sec. 2. And be it further ordained, That the Develop- 
ment Plan submitted by the Pi Omega Que-Man Housing 
Corporation, attached hereto and made a part hereof, be 
and it is hereby approved. 

Sec. 3. And be it further ordained, That upon passage 
of this ordinance by the City Council, as evidence of the 
authenticity of the plats which are a part hereof and in 
order to give notice to the departments which are ad- 
ministering the Zoning Ordinance, the President of the 
City Council shall sign the plats, and when the Mayor 
approves the ordinance, he shall sign the plats. The City 
Treasurer shall then transmit a copy of the ordinance 
and the plats to the Board of Municipal and Zoning Ap- 
peals, the Planning Commission, and the Zoning Adminis- 
trator. 

Sec. 4. And be it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved March 29, 1974. 

WILLIAM DONALD SCHAEFER, Mayor, 



No. 561 

(Council No. 998) 

An Ordinance to change the name of the 3400 block of 
Greenvale Road, the new name of said 3400 block of Green- 
vale Road to be Violetville Lane. 

Section I.Beit ordained by the Mayor and City Council 
of Baltimore, That the n^me of the 3400 block of Greenvale 



322 ORDINANCES Ord. No. 562 

Road be and it is hereby changed, and that said 3400 block of 
Greenvale Road shall hereafter be known as Violetville 
Lane. 

Sec. 2. And be it further ordained, That this ordinance 
shall t^ke effect thirty days from the date of its passage. 

Approved April 4, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 562 
(Council No. 1090) 

An Ordinance to condemn and open, a 10 foot alley, laid 
out 90 feet south of Presstman Street and extending from 
a 12 foot alley, laid out 100 feet east of Ellamont Street, 
Easterly 44 feet, more or less, to the end thereof in ac- 
cordance with a plat thereof numbered 319-A-l, pre- 
pared by the Surveys and Records Division and filed in 
the Office of THE DEPARTMENT OF Assessments, on 
the Thirtj^-first (31st) day of October, 1973, and now on 
file in said office. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Department of Assessments be, and 
they are hereby authorized and directed to condemn, 
open, a 10 foot alley, laid out 90 feet south of Presstman 
Street and extending from a 12 foot alley, laid out 100 
feet east of Ellamont Street, Easterly 44 feet, more or 
less, to the end thereof the alley hereby directed to be 
condemned for said opening being described as follows: 

Beginning for the same at the point formed by the inter- 
section of the south side of a 10 foot alley, laid out 90 feet 
south of Presstman Street, 66 feet wide, and the east side of 
a 12 foot alley, laid out 100 feet east of Ellamont Street, 
66 feet wide, and running thence binding on the east side 
of said 12 foot alley. Northerly 10 feet, more or less, to 
intersect the north side of said 10 foot alley; thence binding 
on the north side of said 10 foot alley. Easterly 45 feet, 
more or less, to the easternmost extremity of said 10 foot 



ORDINANCES 323 

alley ; thence binding on the easternmost extremity of said 
10 foot alley, Southerly 10 feet, more or less, to the south 
side of said 10 foot alley and thence binding on the south 
side of said 10 foot alley, Westerly 44 feet, more or less, 
to the place of beginning. 

The said 10 foot alley as directed to be condemned being 
more particularly described and referred to among the 
Land Records of Baltimore City and delineated and partic- 
ularly shown on a plat numbered 319-A-l which was filed 
in the Office of the Department of Assessments on the 
Thirty-first day of October in the year 1973, and is now 
on file in the said Office. 

Sec. 2. And be it further ordained, That the proceedings 
of said Department of Assessments, with reference to the 
condemnation and opening of said 10 foot alley and the 
proceedings and rights of all parties interested or affected 
thereby, shall be regulated by, and be in accordance with, 
any and all applicable provisions of Article 4 of the Code 
of Public Local Laws of Maryland and the Charter of 
Baltimore City (1964 Revision) and any and all amend- 
ments thereto, and any and all other Acts of the General 
Assembly of Maryland, and any and all ordinances of the 
Mayor and City Council of Baltimore, and any and all rules 
or regulations in effect which have been adopted by the 
Director of Assessments and filed with the Department of 
Legislative Reference. 

Sec. 3. And he it further 07^dained, That this ordinance 
shall take effect from the date of its passage. 

Approved April 4, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 563 
(Council No. 1091) 

An Ordinance to condemn and close a 10 foot alley, laid 
out 90 feet south of Presstman Street and extending from 
a 12 foot alley, laid out 100 feet east of Ellamont Street 



324 ORDINANCES Ord. No. 563 

Easterly 44 feet, more or less, to the end thereof in ac- 
cordance with a plat thereof numbered 319-A-lA, pre- 
pared by the Surveys and Records Division and filed in 
the Office of the Department of Assessments, on the 
First (1st) day of November, 1973, and now on file in 
said office. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Department of Assessments be, and 
they are hereby authorized and directed to condemn and 
close a 10 foot alley, laid out 90 feet south of Presstman 
Street and extending from a 12 foot alley, laid out 100 feet 
east of Ellamont Street, Easterly 44 feet, more or less, 
to the end thereof, the alley hereby directed to be con- 
demned for said closing being described as follows : 

Beginning for the same at the point formed by the inter- 
section of the south side of a 10 foot alley, laid out 90 
feet south of Presstman Street, QtQ feet wide, and the east 
side of a 12 foot alley, laid out 100 feet east of Ellamont 
Street, 66 feet wide, and running thence binding on the 
east side of said 12 foot alley, Northerly 10 feet, more or 
less, to intersect the north side of said 10 foot alley; thence 
binding on the north side of said 10 foot alley, Easterly 
45 feet, more or less, to the easternmost extremity of said 
10 foot alley ; thence binding on the easternmost extremity 
of said 10 foot alley, Southerly 10 feet, more or less, to the 
south side of said 10 foot alley and thence binding on the 
south side of said 10 foot alley. Westerly 44 feet, more or 
less, to the place of beginning. 

The said 10 foot alley as directed to be condemned being 
more particularly described and referred to among the 
Land Records of Baltimore City and delineated and partic- 
ularly shown on a plat numbered 319-A-lA which was filed 
in the Office of the Department of Assessments on the First 
(1st) day of November in the year 1973, and is now on file 
in the said Office. 

Sec. 2. And he it further ordained, That after said high- 
way or highways shall have been closed under the provi- 
sions of this ordinance, all subsurface structures and ap- 
purtenances now owned by the Mayor and City Council 
of Baltimore, shall be and continue to be the property of the 



ORDINANCES 325 

Mayor and City Council of Baltimore, in fee simple, until 
the use thereof shall be abandoned by the Mayor and City 
Council of Baltimore, and in the event that any person, 
firm or corporation shall desire to remove, alter or inter- 
fere therewith, such person, firm or corporation shall first 
obtain permission and permits therefor from the Mayor 
and City Council of Baltimore, and shall in the application 
for such permission and permits agree to pay all costs and 
charges of every kind and nature made necessary by such 
removal, alteration or interference. 

Sec. 3. And be it further ordained, That no buildings or 
structures of any kind shall be constructed or erected in 
said portion of said highway or highways after the same 
shall have been closed under the provisions of this ordi- 
nance until the subsurface structures and appurtenances 
now owned by the Mayor and City Council of Baltimore, 
over which said buildings or structures are proposed to be 
constructed or erected shall have been abandoned or shall 
have been removed and relaid in accordance with the speci- 
fications and under the direction of the Director of Public 
Works of Baltimore City, and at the expense of the person 
or persons or body corporate desiring the erect such build- 
ings or structures. Railroad tracks shall be taken to be 
"structures" within the meaning of this section. 

Sec. 4. And he it further ordained, That after said high- 
way or highways shall have been closed under the provi- 
sions of this ordinance, all subsurface structures and ap- 
purtenances owned by any person, firm or corporation, other 
than the Mayor and City Council of Baltimore, shall upon 
notice from the Director of Public Works of Baltimore City, 
be promptly removed by and at the expense of the said 
owners. 

Sec. 5. And he it further ordained, That on and after the 
closing of said highway or highways, the said Mayor and 
City Council of Baltimore, acting through its duly author- 
ized representatives, shall, at all times, have access to said 
property and to all subsurface structures and appurtenances 
used by it therein, for the purposes of inspection, main- 
tenance, repair, alteration, relocation and/or replacement, 
of any or all of said structures and appurtenances, and this 



326 ORDINANCES Ord. No. 564 

without permission from or compensation to the owner or 
owners of said land. 

Sec. 6. And be it further ordained, That the proceedings 
of said Department of Assessments, with reference to the 
condemnation and closing of said 10 foot alley and the 
proceedings and rights of all parties interested or affected 
thereby, shall be regulated by, and be in accordance with, 
any and all applicable provisions of Article 4 of the Code of 
Public Local Laws of Maryland and the Charter of Balti- 
more City (1964 Revision) and any and all amendments 
thereto, and any and all other Acts of the General Assembly 
of Maryland, and any and all ordinances of the Mayor and 
City Council of Baltimore, and any and all rules or regula- 
tions in effect which have been adopted by the Director of 
Assessments and filed with the Department of Legislative 
Reference. 

Sec. 7. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved April 4, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 564 
(Council No. 1125) 

An Ordinance to condemn and open. Greenwood Avenue, 
40 feet wide, and extending from the southeast outline of 
the Mayor and City Council of Baltimore property known 
as No. 4001 Buena Vista Avenue, North 76°-18'-00" 
East 211.91 feet to the end thereof in accordance with a 
plat thereof numbered 319-A-4, prepared by the Surveys 
and Records Division and filed in the Office of the De- 
partment of Assessments, on the Twenty-first (21st) day 
of November, 1973, and now on file in said office. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Department of Assessments be, ;and 



ORDINANCES 327 

they are hereby authorized and directed to condemn, open, 
Greenwood Avenue, 40 feet wide, and extending from the 
southeast outline of the Mayor and City Council of Balti- 
more property known as No. 4001 Buena Vista Avenue, 
North 76°-18'-00" East 211.91 feet to the end thereof, the 
street hereby directed to be condemned for said opening 
being described as follows : 

Beginning for the same at the point formed by the inter- 
section of the south side of Greenwood Avenue, 40 feet 
wide, and the southeast outline of the Mayor and City 
Council of Baltimore property known as No. 4001 Buena 
Vista Avenue and running thence binding on the southeast 
outline of said property, North 63°-10'-34" East 176.17 
feet to intersect the north side of s^id Greenwood Avenue ; 
thence binding on the north side of said Greenwood Avenue, 
North 76°-18'-00'' East 96.80 feet to the northeastern- 
most extremity of said Greenwood Avenue ; thence binding 
on the northeasternmost extremity of said Greenwood 
Avenue, South 69°-24'-40" East 71.00 feet to the south 
side of said Greenwood Avenue and thence binding on the 
south side of said Greenwood Avenue, South 76°-18'-00'' 
West 327.02 feet to the place of beginning. 

The said Greenwood Avenue as directed to be con- 
demned being more particularly described and referred to 
among the L^and Records of Baltimore City and delineated 
and particularly shown on a plat numbered 319-A-4 which 
was filed in the Office of the Department of Assessments 
on the Twent^^-first day of November in the year 1973, 
and is now on file in the said Office. 

Sec. 2. And he it further ordained, That the proceedings 
of said Department of Assessments, with reference to 
the condemnation and opening of said Greenwood Avenue 
and the proceedings and rights of all parties interested or 
affected thereby, shall be regulated by, and be in ac- 
cordance with, any and all applicable provisions of Article 
4 of the Code of Public Local Laws of Maryland and the 
Charter of Baltimore City (1964 Revision) and any and 
all amendments thereto, and any and all other Acts of the 
General Assembly of Maryland, and any and all ordinances 
of the Mayor and City Council of Baltimore, and any and 
all rules or regulations in effect which have been adopted 



828 ORDINANCES Ord. No. 565 

by the Director of Assessments and filed with the Depart- 
ment of Legislative Reference. 

Sec. 3. And he it further ordained. That this ordinance 
shall take effect from the date of its passage. 

Approved April 4, 1974. 

WILLIAM DONALD SCHAEFER, Mayor, 



No. 565 

(Council No. 1126) 

An Ordinance to condemn and close (1) Greenwood Avenue, 
40 feet wide, and extending from the southeast out- 
line of the Mayor and City Council of Baltimore prop- 
erty known as No. 4001 Buena Vista Avenue, North 
76°-18'-00'' East 211.91 feet to the end thereof and (2) 
^ 20 foot wide portion of Buena Vista Avenue contiguous 
to the east side of Buena Vista Avenue, 86 feet wide, 
and extending from Cox Street, North 13°-47'-00" West 
144.81 feet to the end thereof in accordance with a plat 
thereof numbered 319-A-4A, prepared by the Surveys 
and Records Division and filed in the Office of the De- 
partment of Assessments, on the Twenty-second (22nd) 
day of November, 1973, and now on file in said office. 

Section I.Beit ordained by the Mayor and City Council 
of Baltimore, That the Department of Assessments be, and 
they are hereby authorized and directed to condemn and 
close (1) Greenwood Avenue, 40 feet wide, and extending 
from the southeast outline of the Mayor and City Council 
of Baltimore property known as No. 4001 Buena Vista 
Avenue, North 76°-18'-00" East 211.91 feet to the end 
thereof and (2) a 20 foot wide portion of Buena Vista 
Avenue contiguous to the east side of Buen^ Vista Avenue, 
86 feet wide, and extending from Cox Street, North 13°- 
47'-00" West 144.81 feet to the end thereof the streets or 
portion thereof hereby directed to be condemned for said 
closing being described as follows ; 



ORDINANCES 329 

Beginning for Parcel No. 1 at the point formed by the 
intersection of the south side of Greenwood Avenue, 40 
feet wide, and the southeast outline of the Mayor and City 
Council of Baltimore property known as No. 4001 Buena 
Vista Avenue and running thence binding on the southeast 
outline of said property, North 63°-10'-34" East 176.17 
feet to intersect the north side of s^aid Greenwood Avenue ; 
thence binding on the north side of said Greenwood Ave- 
nue, North 76°-18'-00" East 96.80 feet to the north- 
easternmost extremity of said Greenwood Avenue; thence 
binding on the northeasternmost extremity of said Green- 
wood Avenue, South 69°-24'-40" East 71.00 feet to the 
south side of said Greenwood Avenue and thence binding 
on the south side of said Greenwood Avenue, South 76°- 
18'-00" West 327.02 feet to the place of beginning. 

Beginning for Parcel No. 2 at the point formed by the 
intersection of the line of the east side of Buena Vista 
Avenue, 66 feet wide, if projected southerly and the north 
side of Cox Street, 40 feet wide, and running thence bind- 
ing reversely on s^id line so drawn, North 13°-47'-00" 
West 142.47 feet to the southeast outline of the Mayor and 
City Council of Baltimore property known as No. 4001 
Buena Vista Avenue ; thence binding on the southeast 
outline of said property. North 63°-10'-34" East 20.54 
feet to the east side of Buena Vista Avenue, 86 feet wide ; 
thence binding on the east side of last said Buena Vista 
Avenue, South 13°-47'-00'' E^st 147.14 feet to intersect 
the aforesaid north side of Cox Street and thence binding 
on the north side of said Cox Street, South 76°-13'-00" 
West 20.00 feet to the place of beginning. 

The said Greenwood Avenue and portion of Buena Vista 
Avenue as directed to be condemned being more partic- 
ularly described and referred to among the Land Records 
of Baltimore City and delineated And particularly shown 
on a plat numbered 319-A-4A which was filed in the Office 
of the Department of Assessments on the Twenty-second 
day of November in the year 1973, and is now on file in 
the said Office. 

Sec. 2. And be it further ordained, That after said 
highway or highways shall have been closed under the pro- 
visions of this ordinance, all subsurface structures and 



880 ORDINANCES Ord. No. 565 

appurtenances now owned by the Mayor and City Council 
of Baltimore, shall be and continue to be the property of 
the Mayor and City Council of Baltimore, in fee simple, 
until the use thereof shall be abandoned by the Mayor and 
City Council of Baltimore, and in the event that any per- 
son, firm or corporation shall desire to remove, alter or 
interfere therewith, such person, firm or corporation shall 
first obtain permission and permits therefor from the 
Mayor and City Council of Baltimore, and shall in the 
application for such permission and permits agree to pay 
all costs and charges of every kind and nature made neces- 
sary by such removal, alteration or interference. 

Sec. 3. And be it further ordained, That no buildings or 
structures of any kind shall be construed or erected in said 
portion of said highway or highways after the same shall 
have been closed under the provisions of this ordinance 
until the subsurface structures and appurtenances over 
which said buildings or structures are proposed to be con- 
structed or erected shall have been abandoned or shall have 
been removed and relaid in accordance with the specifica- 
tions and under the direction of the Director of Public 
Works of Baltimore City, and at the expense of the person 
or persons or body corporate desiring to erect such buildings 
or structures. Railroad tracks shall be taken to be "struc- 
tures" within the meaning of this section. 

Sec. 4. And he it further ordained, That on and after 
the closing of said highway or highways, the said Mayor 
and City Council of Baltimore, acting through its duly 
authorized representatives, shall, at all times, have access 
to said property and to all subsurface structures and appur- 
tenances used by it therein, for the purposes of inspection, 
maintenance, repair, alteration, relocation and/or replace- 
ment, of any or all of said structures and appurtenances, 
and this without permission from or compensation to the 
owner or owners of said land. 

Sec. 5. And be it further ordained. That the pro- 
ceedings of said Department of Assessments, with ref- 
erence to the condemnation and closing of said Green- 
wood Avenue and portion of Buena Vista Avenue and the 
proceedings and rights of all parties interested or affected 
thereby, shall be regulated by, and be in accordance with. 



ORDINANCES 331 

any and all applicable provisions of Article 4 of the Code 
of Public Local Laws of Maryland and the Charter of Bal- 
timore City (1964 Revision) and any and all amendments 
thereto, and any ^nd all other Acts of the General Assembly 
of Maryland, and any and all ordinances of the Mayor and 
City Council of Baltimore, and any and all rules or regula- 
tions in effect which have been adopted by the Director of 
Assessments and filed with the Department of Legislative 
Reference. 

Sec. 6. And'-be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved April 4, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 566 

(Council No. 1131) 

An Ordinance to add a new Section 165(5114) to Article 
31 of the Baltimore City Code (1966 Edition), title 
"Transit and Traffic," subtitle "One-Way Streets," pro- 
viding one-way traffic southwesterly on Hillen Street 
from Monument Street to Holliday Street. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltiriiore, That a new Section 165(511/9) be and it is 
hereby added tc< Article 31 of the Baltimore City Code (1966 
Edition), title "Transit and Traffic," subtitle "One- Way 
Streets," to read as follows: 

165. 

(51 y2) Hillen Street, southwesterly, from Monument 
Street to Holliday Street. 

Sec. 2. And be it further ordained. That this ordinance 
shall take effect from the date of its passage. 

Approved April 4, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



332 ORDINANCES Ord. No. 568 

No. 567 
(Council No. 1132) 

An Ordinance to add a new Section 164 (5a) to Article 31 
of the Baltimore City Code (1966 Edition), title "Trans- 
it and Traffic," subtitle "One Way Streets," providing 
one-way traffic north on Gay Street from Pratt Street 
to Orleans Street. 

Section 1. Be it ordained by the Mayor and City Council 

of Baltimore, That a new Section 164 (5a) be and it is here- 
by added to Article 31 of the Baltimore City Code (1966 
Edition), title "Transit and Traffic," subtitle "One Way 
Streets," to read as follows : 

164. 

(5a) Gay Street, northerly, from Pratt Street to Orleans 
Street. 

Sec. 2. And he it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved April 4, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 568 
(Council No. 1186) 

An Ordinance to add a new Section 162 (49b) to Article 31 
of the Baltimore City Code (1966 Edition), title "Transit 
and Traffic," subtitle "One Way Streets," providing for 
one-way traffic northbound on Ensor Street between 
Colvin and Hillen Streets. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That a new Section 162 (49b) be and it is 
hereby added to Article 31 of the Baltimore City Code (1966 
Edition), title "Transit and Traffic," subtitle "One Way 
Streets," to read as follows : 



ORDINANCES 333 

162. 

(j^9b) Ensor Street, northerly, from Colvin Street to 
Hillen Street. 

Sec. 2. And he it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved April 4, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 569 
(Council No. 1197) 

An Ordinance to condemn and open, certain streets and 
alleys or portions thereof lying within the area of the 
Washington Hill-Chapel Neighborhood Development 
Program in accordance with a plat thereof numbered 
309-A-18, prepared by the Surveys and Records Divi- 
sion and filed in the Office of the Department of Assess- 
ments, on the Ninth (9th) day of January, 1974, 
and now on file in said office. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Department of Assessments be, 
and they are hereby authorized and directed to condemn, 
open, certain streets and alleys or portions thereof lying 
within the area of the Washington Hill-Chapel Neighbor- 
hood Development Program, the streets and alleys or 
portions thereof hereby directed to be condemned for 
said opening being described as follows : 

Sheet 1 of 1 included INCLUDES (1) Moyer Street, 15 
feet wide, and extending from Broadway, Easterly 110 feet 
to the line of the east side of Hampstead Court, 10 feet wide, 
if projected southerly and designated as Parcel No. 1, 
(2) a 4 foot alley laid out in the rear of the properties 
known as No.'s 1 through 11 N. Broadway and extend- 
ing from Baltimore Street, Northerly 120 feet to the end 
thereof and designated as Parcel No. 2, and (3) a 4 



334 ORDINANCES Ord. No. 570 

foot alley laid out 120 feet north of Baltimore Street and 
extending from Ann Street, Westerly 104 feet, more or 
less, to the east side of the former bed of a 4 foot alley, 
as condemned and closed in accordance with Ordinance 
No. 234 approved December 11, 1972 and designated as 
Parcel No. 3. 

The said street and alleys as directed to be condemned 
being more particularly described and referred to among 
the Land Records of Baltimore City and delineated and 
particularly shown on a plat numbered 309-A-18 which 
was filed in the Office of the Department of Assessments 
on the 9th day of January in the year 1974, and is now 
on file in the said Office. 

Sec. 2. And be it further ordained, That the pro- 
ceedings of said Department of Assessments, with refer- 
ence to the condemnation and opening of said street and 
alleys and the proceedings and rights of all parties 
interested or affected thereby, shall be regulated by, and 
be in accordance with, any and all applicable provisions 
of Article 4 of the Code of Public Local Laws of Mary- 
land and the Charter of Baltimore City (1964 Revision) 
and any and all amendments thereto, and any and all 
other Acts of the General Assembly of Maryland, and any 
and all ordinances of the Mayor and City Council of Bal- 
timore, and any and all rules or regulations in effect 
which have been adopted by the Director of Assessments 
and filed with the Department of Legislative Reference. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved April 4, 1974. 

WILLIAM DONALD SCHAEFER, Mayor, 



No. 570 
(Council No. 1198) 

An Ordinance to condemn and close certain streets and 
alleys or portions thereof lying within the area of the 



ORDINANCES 335 

Washington Hill-Chapel Neighborhood Development 
Program in accordance with a plat thereof numbered 
309-A-18A, prepared by the Surveys and Records Divi- 
sion and filed in the Office of the Department of Assess- 
ments, on the Tenth (10th) day of January, 1974, 
and now on file in said office. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Department of Assessments be, 
and they are hereby authorized and directed to condemn 
and close certain streets and alleys or portions thereof 
lying within the area of the Washington Hill-Chapel 
Neighborhood Development Program the streets and 
alleys or portions thereof hereby directed to be condemned 
for said closing being described as follows : 

Sheet 1 of 1 includes (1) Moyer Street, 15 feet wide, 
and extending from Broadway, Easterly 110 feet to the 
line of THE east side of Hampstead Court, 10 feet wide, if 
projected southerly and designated as Parcel No. 1, (2) 
a 4 foot alley laid out in the rear of the properties known 
as No.'s 1 through UN. Broadway and extending from 
Baltimore Street, Northerly 120 feet to the end thereof 
and designated as Parcel No. 2, and (3) a 4 foot alley 
laid out 120 feet north of Baltimore Street and extending 
from Ann Street, Westerly 104 feet, more or less, to the 
east side of the former bed of a 4 foot alley, as condemned 
and closed in accordance with Ordinance No. 234 approved 
December 11, 1972 and designated as Parcel No. 3. 

The said street and alleys as directed to be condemned 
being more particularly described and referred to among 
the Land Records of Baltimore City and delineated and 
particularly shown on a plat numbered 309-A-18A which 
was filed in the Office of the Department of Assessments 
on the 10th day of January in the year 1974, and is now 
on file in the said Office. 

Sec. 2. And he it further ordained, That after said 
highway or highways shall have been closed under the 
provisions of this ordinance, all subsurface structures and 
appurtenances now owned by the Mayor and City Coun- 
cil of Baltimore, shall be and continue to be the property 
of the Mayor and City Council of Baltimore, in fee simple. 



336 ORDINANCES Ord. No. 570 

until the use thereof shall be abandoned by the Mayor 
;and City Council of Baltimore, and in the event that any 
person, film or corporation shall desire to remove, alter 
or interfere therewith, such person, firm or corporation 
shall first obtain permission and permits therefor from 
the Mayor and City Council of Baltimore, and shall in 
the application for such permission and permits agree to 
pay all costs and charges of every kind and nature made 
necessary by such removal, alteration or interference. 

Sec. 3. And be it further ordained, That no buildings 
or structures of any kind shall be constructed or erected 
in said portion of said highway or highways after the same 
shall have been closed under the provisions of this ordi- 
nance until the subsurface structures and appurtenances 
now owned by the Mayor and City Council of Baltimore, 
over which said buildings or structures are proposed to 
be constructed or erected shall have been abandoned or 
shall have been removed and relaid in accordance with 
the specifications and under the direction of the High- 
ways Engineer of Baltimore City, and at the expense of 
the person or persons or body corporate desiring to erect 
such buildings or structures. Railroad tracks shall be 
taken to be ''structures" within the meaning of this section. 

Sec. 4. And he it further ordained, That after said 
highway or highways shall have been closed under the 
provisions of this ordinance, all subsurface structures and 
appurtenances owned by any person, firm or corporation, 
other than the Mayor and City Council of Baltimore, 
shall upon notice from the Highways Engineer of Balti- 
more City, be promptly removed by and at the expense 
of the said owners. 

Sec. 5. And he it further ordained, That on and after 
the closing of said highway or highways, the said Mayor 
and City Council of Baltimore, acting through its duly 
authorized representatives, shall, at all times, have access 
to said property and to all subsurface structures and 
appurtenances used by it therein, for the purposes of 
inspection, maintenance, repair, alteration, relocation 
and/or replacement^ of any or all of said structures and 
appurtenances, and this without permission from or com- 
pensation to the o\\mer or owners of said land. 



ORDINANCES 387 

Sec. 6. And be it further ordained, That the proceed- 
ings of said Department of Assessments, with reference to 
the condemnation and closing of said GtrootG STREET and 
a'leys and the proceedings and rights of all parties interested 
or affected thereby, shall be regulated by, and be in 
accordance with, any and all applicable provisions of Ar- 
ticle 4 of the Code of Public Local Laws of Maryland 
and the Charter of Baltimore City (1919 Edition) (1964 
REVISION) and any and all amendments thereto, and any 
and all other Acts of the General Assembly of Maryland, 
and any and all ordinances of the Mayor and City Council 
of Baltimore, and any and all rules or regulations in effect 
which have been adopted by the Director of Assessments 
and filed with the Department of Legislative Reference. 

Sec. 7. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved April 4, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 571 
(Council No. 1226) 

An Ordinance to repeal Section 236 (105a) of Article 31 of 
the Baltimore City Code (1966 Edition), title 'Transit 
and Traffic," subtitle 'Tarking and Stopping," as or- 
dained by Ordinance 137, approved July 5, 1972, concern- 
ing parking and stopping on Eutaw Street between Pratt 
and Redwood Streets. 

Section 1. Beit ordained by the Mayor and City Coun- 
cil of Baltimore, That Section 236 (105a) of Article 31 of 
the Baltimore City Code (1966 Edition), title 'Transit and 
Traffic," subtitle "Parking and Stopping," as ordained by 
Ordinance 137, approved July 5, 1972, be and it is hereby 
repealed. 

236. 

C(105a) Eutaw Street, both sides, from Pratt Street to 
Redwood Street, no parking between the hours of 9 A.M. 
and 4:30 P.M.] 



338 ORDINANCES Ord. No. 573 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved April 4, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 572 

(Council No. 1237) 

An Ordinance to add a new Section 236 (57a) to Article 31 
of the Baltimore City Code (1966 Edition) , title "Transit 
and Traffic," subtitle 'Tarking and Stopping," providing 
for reserved parking on the north side of Edmondson 
Avenue west of Bentalou Street. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That a new Section 236 (57a) be and it is 
hereby added to Article 31 of the Baltimore City Code (1966 
Edition), title ^Transit and Traffic," subtitle 'Tarking and 
Stopping," to read as follows : 

236. 

(57a) Edmondson Avenue, northerly side, from a point 
63 feet ivest of Bentalou Street to a point 95 feet west of 
Bentalou Street, parking reserved for Dr. C. J. Mendelis 
between the hours of 1 P.M. and 5 P.M. except Sunday, 
Monday and holidays. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved April 4, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 573 
(Council No. 1238) 

An Ordinance to add a new Section 147 (2a) to Article 31 
of the Baltimore City Code (1966 Edition), title "Transit 



ORDINANCES 339 

and Traffic/' subtitle "Impounding/' designating 
both sides of Saratoga Street from Holliday Street to 
Greene Street as an impounding area. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, Th^t a new Section 147 (2a) be and it is 
hereby added to Article 31 of the Baltimore City Code (1966 
Edition), title "Transit and Traffic/' subtitle "Impounding/' 
to read as follows: 

147. 

(2a) Saratoga Street, both sides, from Holliday Street 
to Greene Street. 

Sec. 2. And be it further ordained. That this ordinance 
shall take effect from the dMe of its passage. 

Approved April 4, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 574 
(Council No. 1239) 

An Ordinance to add a new Section 237 (58b) to Article 31 
of the Baltimore City Code (1966 Edition), title "Trans- 
it and Traffic," subtitle "Parking and Stopping," pro- 
viding for reserved parking for physicians on the south 
side of Fayette Street from East Street to a point 81 
feet east of East Street. 

Section 1. Beit ordained by the Mayor and City Council 
of Baltimore, That a new Section 237 (58b) be and it is 
hereby ^dded to Article 31 of the Baltimore City Code (1966 
Edition), title "Transit and Traffic," subtitle "Parking and 
Stopping," to read as follows : 

237. 

(58b) Fayette Street southerly side, from East Street 
to a point 81 feet east of East Street, parking reserved 
^or physicians only bettveen the hours of 7 A.M,. and U P.M. 



340 ORDINANCES Ord. No. 5T5 

Sec. 2. And be it further ordained, That this ordinance 
sh^ll take effect from the date of its passage. 

Approved April 4, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 575 
(Council No. 1253) 

An Ordinance providing for a supplementary special loan 
fund appropriation in the amount of One Million 
Nine Hundred Twenty-One Thousand Eight Hundred 
Dollars ($1,921,800) to the Baltimore City Economic 
Development Commission to be used for property acquisi- 
tion and improvement under the Maryland Industrial 
Development Financing Authority and City Ordinance 
in accordance with the provisions of Article VI, 
Section 2(h)(3) of the Baltimore City Charter (1964 
Revision) . 

Whereas, Article 41, Sections 266J to 266CC, inclusive, 
of the Annotated Code of Maryland (1971 Replacement 
Volume and 1972 Supplement) which created and amended 
the Maryland Industrial Development Financing Author- 
ity, hereinafter called "MIDFA,'* and vested in it certain 
powers and duties in connection with the preservation 
and betterment of the economy of the State, author- 
izes any municipality of this State to borrow money with- 
out pledging its full faith and credit, and to execute a 
mortgage as security therefore, and use such money to 
defray the cost of acquiring any industrial project, including 
land, buildings and equipment, either by purchase or con- 
struction, after the adoption of an ordinance by the legis- 
lature of the municipality to do so; and 

Whereas, the money appropriated herein represents the 
proceeds of an Industrial Development Loan fully guaran- 
teed by the Maryland Industrial Development Financing 
Authority; and 

Whereas, Ordinance 1974 provides a sum of 

money not to exceed Ninety-five Thousand Four Hundred 
Dollars ($95,400) to the acquisition and improvement of the 



ORDINANCES 341 

property at 3000 Chestnut Avenue, Baltimore, Maryland, 
and also provides a sum of money not to exceed One Million 
Eight Hundred Twenty-six Thousand Four Hundred Dol- 
lars ($1,826,400) for the acquisition and installation of 
equipment and machinery at said location; and 

Whereas, Ordinance 1974 provides for the 

leasing of the aforementioned property to Rockland In- 
dustries, Inc. to be used in connection with its busi- 
ness operations; and 

Whereas, the Industrial Development loan constitutes a 
material change in circumstances since the adoption of the 
1973-1974 Ordinance of Estimates; and 

Whereas, the supplementary special loan fund appro- 
priation ordained herein has been recommended to the City 
Council by the Board of Estimates, said recommendation 
having been made at the regular meeting of said Board 
held on the 27th day of February, 1974, all in accordance 
with Article VI, Section 2(h)(3) of the 1964 revised 
Charter of Baltimore City. 

Section 1. Beit ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, Sec- 
tion 2(h) (3) of the 1964 revision of the Charter of Balti- 
more City, the sum of One Million Nine Hundred Twenty-one 
Thousand Eight Hundred Dollars ($1,921,800) shall be 
made available to the Economic Development Commission 
of the City of Baltimore as a supplementary special loan 
fund appropriation for the fiscal year ending June 30, 1974 
for the purpose of acquiring and improving the property 
at 3000 Chestnut Avenue, Baltimore, Maryland. The amount 
thus made available as a supplementary special loan fund 
appropriation shall be expended from an Industrial Develop- 
ment loan and shall be the source of revenue for this supple- 
mentary special loan fund appropriation, as required by 
Article VI, Section 2(h) (3) of the 1964 revised Charter of 
Baltimore City. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved April 4, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



842 ORDINANCES Ord. No. 576 

No. 576 
(Council No. 1254) 

An Ordinance to authorize the Mayor and City Council of 
Baltimore, pursuant to and in accordance with the Mary- 
land Industrial Development Financing Authority Act to 
acquire the property at 3000 Chestnut Avenue, Baltimore, 
Maryland, and lease same to Rockland Industries, Inc.; 
to borrow a sum of money not to exceed Ninety-Five 
Thousand, Four Hundred Dollars ($95,400), and use 
the same to acquire and improve said property; and 
to borrow a sum of money not to exceed One Million, 
Eight Hundred Twenty-Six Thousand, Four Hundred 
Dollars ($1,826,400) and use the same to acquire and 
install machinery and equipment for lease to Rockland 
Industries, Inc.; to execute the necessary legal docu- 
ments to secure said loans; and conferring and imposing 
upon the Baltimore City Economic Development Commis- 
sion certain powers and duties. 

Whereas, Article 1, Sections 49 through 55, of the Balti- 
more City Code (1966 Edition) created the Baltimore City 
Economic Development Commission, hereinafter called 
"Commission," and vested in it certain powers and duties to 
be exercised in connection with aiding the industrial growth 
of Baltimore City; and 

Whereas, Article 41, Sections 266J to 266CC, inclusive, 
of the Annotated Code of Maryland (1971 Replacement 
Volume and 1973 Supplement) created and amended the 
Maryland Industrial Development Financing Authority, 
hereinafter called "MIDFA," and vested in it certain powers 
and duties in connection with the preservation and better- 
ment of the economy of the State; and 

Whereas, the aforementioned sections of said Article 41 
of the Annotated Code of Maryland, among other things, 
authorize any municipality of this State to borrow money 
without pledging its full faith and credit, and to execute 
a mortgage as security therefor, and use such money to 
defray the cost of acquiring any industrial project, includ- 
ing land, buildings and equipment, either by purchase or con- 
struction, after the adoption of an ordinance by the legisla- 
tive body of the municipality to do so; and 



ORDINANCES 343 

Whereas, Rockland Industries, Inc., a corporation organ- 
ized and existing under the laws of the State of Maryland, 
by its letter of intent dated December 10, 1973, addressed 
to the Mayor of Baltimore, hereinafter called "City," has 
requested aid and assistance from the City in connection 
with the acquisition, improvements, and equipping of the 
property hereinafter designated in Baltimore City which is 
to be used by the aforesaid Company; and 

Whereas, it has been determined that cooperation by the 
City in connection with the aforementioned undertaking 
will improve the economic condition of Baltimore City; now, 
therefore. 

Section 1. Beit ordained by the Mayor and City Council 
of Baltimore f That: (a) pursuant to and in accordance with 
the terms and provisions of Sections 266J to 266CC of 
Article 41 of the Annotated Code of Maryland (1971 Re- 
placement Volume and 1973 Supplement), which created 
and amended MIDFA: 

( 1 ) The City be and it is hereby authorized to acquire by 
negotiation and not by eminent domain the land and im- 
provements located at 3000 Chestnut Avenue, Ward 13, 
Section 12, Block 3500, Lots 4, 5, 6, 7, and 8, Baltimore, 
Maryland 21211. 

(2) The aforementioned property shall be acquired only 
for the purpose of leasing it to Rockland Industries, Inc., 
to be used by it in connection with its business operations, 
upon such terms and conditions as may be mutually agreed 
upon by the City and said Company. 

(3) The City be and it is hereby fully authorized and 
empowered to borrow a sum of money not exceeding Ninety- 
Five Thousand, Four Hundred Dollars ($95,400) and to 
use the same for or in connection with the acquisition and 
improvements to the aforementioned property, and to exe- 
cute a mortgage on said property to secure the aforesaid 
loan; the term of said mortgage shall not exceed eight (8) 
years, and the rate of interest to be paid by the City in con- 
nection with said loan shall not exceed seven percent (7%) 
per annum. In the event that said interest is validly deter- 
mined not to be tax oxompt EXEMPT FROM FEDERAL 
OR STATE OF MARYLAND INCOME TAX to the lender 
for any reason, the interest rate will automatically be in- 



344 ORDINANCES Ord. No. 576 

creased to twelve percent (12%) for the periods affected by 
such determiation. 

(4) The City be and it is hereby fully authorized and 
empowered to borrow a sum of money not exceeding One 
Million, Eight Hundred Twenty-Six Thousand, Four Hun- 
dred Dollars ($1,826,400), and to use the same to acquire 
and install machinery and equipment in the aforementioned 
property, to be used by Rockland Industries, Inc., in con- 
nection with its business operations and to execute such 
legal documents as may be necessary to secure the afore- 
said loan; the time for repayment of such loan shall not 
exceed the normal useful life of said machinery and equip- 
ment, and in no event shall exceed eight (8) years, which- 
ever period of time is less, and the rate of interest to be 
paid in connection with such loan shall not exceed seven 
percent (7%) per annum. In the event that said interest is 
validly determined not to be tax exempt EXEMPT FROM 
FEDERAL OR STATE OF MARYLAND INCOME TAX 
to the lender for any reason, the interest rate will auto- 
matically be increased to twelve percent (12%) for the 
periods affected by such determination. 

(a) The terms and provisions of any and all legal in- 
struments to be executed or entered into by the City in con- 
nection with the transaction authorized by this ordinance 
shall be subject to the approval of the Board of Estimates. 

Sec. 2. And be it further ordained, That the Commission 
is hereby fully authorized and empowered for the purpose 
of this ordinance only: 

(a) To promote, make investigations, conduct prelimi- 
nary negotiations, and do any and all other things neces- 
sary or proper to expedite the consummation of the trans- 
actions mentioned in this ordinance; all pursuant and sub- 
ject to the provisions of the Charter of Baltimore City. 

(b) After the transactions mentioned in this ordinance 
have been fully consummated, the Commission shall do any 
and all other things necessary, proper or expedient to 
assure the full performance by Rockland Industries, Inc., of 
any and all of the terms and provisions in any and all 
agreements entered into by the City and Rockland Indus- 
tries, Inc., all subject to the provisions of the Charter of 
Baltimore City. 



ORDINANCES 845 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved April 4, 1974. 

WILLIAM DONALD SCHAEFER, Mayor, 



No. 577 
(Council No. 738) 

An Ordinance to waive Sections 2131 and 2132 of Article 
32 of the Baltimore City Code (1966 Edition), said 
Article being known generally as the Building (jode of 
Baltimore City, in order to permit the construction and 
maintenance of a projecting stairway not more than nine 
feet from the south wall of the improvements known as 
10 E. Franklin Street into the adjoining sidewalk area. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Sections 2131 and 2132 of Article 32 of 
the Baltimore City Code (1966 Edition), said Article being 
known generally as the Building Code of Baltimore City, 
be waived in order to permit the construction and main- 
tenance of a projecting stairway not more than nine (9) 
feet from the south wall of the improvements known as 10 
E. Franklin Street into the adjoining sidewalk. Except 
as in this ordinance specifically provided, all ordinances 
and all rules and regulations of the Mayor and City Coun- 
cil of Baltimore shall be complied with in the construc- 
tion and use of said stairway. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved April 19, 1974. 

WILLIAM DONALD SCHAEFER, Mayor, 



346 ORDINANCES Ord. No. 579 

No. 578 

(Council No. 958) 

An Ordinance authorizing the Mayor and City Council of 
Baltimore to sell at either public or private sale in accord- 
ance with Article V Section 5(b) of the City Charter, 
all of the interest of the Mayor and City Council of 
Baltimore in and to those properties situate in Baltimore 
City known as Nos. 2641 N. Calvert Street, 244^ 24i^ 
& Chaso Stroot, 25 S. Exeter Street, 2108 Jefferson 
Street, 2210 Kirk Avenue, and 1351 Pentridge Road. 
Said properties being no longer needed for public use. 

Section 1. Beit ordained by the Mayor and City Council 
of Baltimore, That the Comptroller of Baltimore City be 
and he is hereby authorized to sell at either public or private 
sale in accordance with Article V Section 5(b) of the City 
Charter, all of the interest of the Mayor and City Council 
of Baltimore in and to those parcels of ground situate in 
Baltimore City known as Nos. 2641 N. Calvert Street, 
g44^ 04^ Er Ghase Stroot, 25 S. Exeter Street, 2108 Jeffer- 
son Street, 2210 Kirk Avenue, and 1351 Pentridge Road. 
Said properties being no longer needed for public use. 

Sec. 2. Be it further ordained, That no deed or deeds 
shall pass in accordance herewith until the same shall have 
been first approved by the City Solicitor. 

Sec. 3. And be it further ordained. That this ordinance 
shall take effect from the date of its passage. 

Approved April 19, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 579 
(Council No. 1110) 

An Ordinance to amend Sheet 65 of the Zoning Maps of 
Article 30 of the Baltimore City Code (1966 Edition), 
title "Zoning", (Ordinance No. 1051, approved April 20, 
1971) by changing from the R-9 District to the M-2-2 



ORDINANCES 347 

District the properties east of Ridgely Avonuo STREET, 
north of Hamburg Street, and west of Russell Street and 
Fremont Avenue, as outlined in red on the plats accom- 
panying this ordinance. 

Section 1. Be it ordained by the Mayor and City Coun- 
cil of Baltimore, That Sheet 65 of the Zoning Maps of 
Article 30 of the Baltimore City Code (1966 Edition), title 
"Zoning'* (Ordinance No. 1051, approved April 20, 1971) 
be and it is hereby amended by changing from the R-9 Dis- 
trict to the M-2-2 District the properties east of Ridgely 
Avonuo STREET, north of Hamburg Street, and west of 
Russell Street and Fremont Avenue, as outlined in red on 
the plats accompanying this ordinance. 

Sec. 2. And he it further ordained. That upon passage of 
this ordinance by the City Council, as evidence of the 
authenticity of the plat which is part hereof and in order 
to give notice to the departments which are administering 
the Zoning Ordinance, the President of the City Council 
shall sign the plat and, when the Mayor approves the ordi- 
nance, he shall sign the plat. The City Treasurer shall then 
transmit a copy of the ordinance and one of the plats to 
the following: Board of Municipal and Zoning Appeals; 
Planning Commission ; Commissioner of the Department of 
Housing and Community Development; and, the Zoning 
Administrator. 

Sec. 3. And he it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved April 19, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 580 

(Council No. 1118) 

An Ordinance to authorize the use of the property on the 
south side of East Monument Street, East from Milton 
Avenue, known as 2501 East Monument Street, as out- 
lined in red on the plats accompanying this ordinance, 
for an open air off-street parking facilit>^ in the B-2-2 



348 ORDINANCES Ord. No. 581 

district, pursuant to Sections 6.2-ld and 11.0-6d of Ar- 
ticle 30 of the Baltimore City Code (1966 Edition), 
title "The Zoning Ordinance of Baltimore City" (Ordi- 
nance No. 1051) approved April 20, 1971. 

Section 1. Be it ordained by the Mayor and City Coun- 
cil of Baltimore, That the property on the south side of 
East Monument Street, east from Milton Avenue, known as 
2501 East Monument Street, as outlined in red on the plats 
accompanying this ordinance, be and it is hereby authorized 
for use as an open air off-street parking facility in the 
B-2-2 District, pursuant to Sections 6.2-ld and 11.0-6d of 
Article 30 of the Baltimore City Code (1966 Edition), title 
"The Zoning Ordinance of Baltimore City" (Ordinance No. 
1051) approved April 20, 1971. 

Sec. 2. And he it further ordained, That upon passage 
of this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order 
to give notice to the departments which are administering 
the Zoning Ordinance, the President of the City Council 
shall sign the plat, and when the Mayor approves the ordi- 
nance, he shall sign the plat. The City Treasurer shall then 
transmit a copy of the ordinance and one of the plats to 
the following: the Board of Municipal and Zoning Appeals, 
the Planning Commission, the Commissioner of the Depart- 
ment of Housing and Community Development, the Com- 
missioner of Transit and Traffic, and the Zoning Admin- 
istrator. 

Sec. 3. And he it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved April 19, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 581 
(Council No. 1189) 

An Ordinance designating as a "Renewal Area", an area 
situate in Baltimore City, Maryland, known as "Sharp- 
LeadenhalF' bounded generally by the proposed City 
Boulevard on the north, Sharp Street on the west, Ostend 



ORDINANCES 349 

Street on the south, and Hanover and Leadenhall Streets 
on the east; approving a renewal plan for the Sharp- 
Leadenhall Area ; authorizing the acquisition by purchase 
or by condemnation by the Mayor and City Council of 
Baltimore for urban renewal purposes of the fee simple 
interest or any lesser interest, in and to certain properties 
or portions thereof, together with the improvements 
thereon, situate in Baltimore City, Maryland, within the 
Sharp-Leadenhall Area, providing tl^at in selling land in 
the Sharp-Leadenhall Area the Department of Housing 
and Community Development shall require that develop- 
ers agree in writing not to discriminate in the sale, lease, 
use or occupancy of the property developed by them 
against any person because of race, creed, color or na- 
tional origin; providing that the approval of said renewal 
plan is not an enactment of any of the amendments to 
the zoning ordinance proposed therein; waiving such 
requirements, if any, as to content or procedure for the 
preparation, adoption and approval of renewal plans as 
set forth in Ordinance No. 152, approved June 28, 1968, 
which the renewal plan for the Sharp-Leadenhall Area 
may not meet ; providing for the separability of the vari- 
ous parts and applications of this ordinance; providing 
that where the provisions of this ordinance shall conflict 
with any other ordinance, code or regulation, the provi- 
sion which establishes the higher standard shall prevail ; 
and providing for the effective date hereof. 

Whereas, the Planning Commission acting pursuant to 
powers vested by Section 23 (a) of Article 13 of the Balti- 
more City Code (1966 Edition) as amended by Ordinance 
No. 152, approved June 28, 1968, has heretofore determined 
that the Sharp-Leadenhall Area, as hereinbelow more par- 
ticularly described and embracing approximately fifteen 
acres, may be benefited through the exercise of those func- 
tions and powers of the City of Baltimore which are vested 
in the Department of Housing and Community Development 
by Ordinance No. 152, approved June 28, 1968, and has 
recommended to the City Council that an ordinance be passed 
to designate the Sharp-Leadenhall Area as a ''Renewal 
Area" ; and 

Whereas, under Ordinance No. 152, approved June 28, 
1968, the Department of Housing and Community Develop- 



350 ORDINANCES Ord. No. 581 

ment is authorized to prepare and administer Renewal Plans 
in Renewal Areas ; and 

Whereas, the Department of Housing and Community 
Development has prepared a Renewal Plan for the Sharp- 
Leadenhall Area, consisting of a cover page, a table of 
contents, eleven (11) pages of text and four (4) exhibits; 
and 

Whereas, the Renewal Plan for the Sharp-Leadenhall 
Area was approved by the Planning Commission of Balti- 
more City on January 10, 1974, with respect to its conform- 
ity as to the Master Plan ; the detailed location of any public 
improvements proposed in the Renewal Plan ; its conformity 
to the rules and regulations for subdivisions ; and all zoning 
changes proposed in the Renewal Plan, and the Renewal 
Plan was approved and recommended to the City Council by 
the Commissioner of the Department of Housing and Com- 
munity Development on January 10, 1974; now, therefore, 

Section 1. Be it ordained by the Mayor and City Coun- 
cil of Baltimore, That it is hereby found and determined that 
the Renewal Area known as Sharp-Leadenhall, as herein- 
below more particularly described, may be benefited through 
the exercise of the functions and powers vested in the De- 
partment of Housing and Community Development. 

Sec. 2. And he it further ordained, That the said Sharp- 
Leadenhall Area is more particularly described as follows : 

Beginning for the same at a point 15 feet more or less, 
east of the intersection of the north side of w^est Henrietta 
Street and the east side of south Sharp Street ; thence bind- 
ing on the east side of south Sharp Street southerly to inter- 
sect the north side of west Ostend Street; thence binding 
on the north side of west Ostend Street easterly to intersect 
the west side of Leadenhall Street; thence binding on the 
west side of Leadenhall Street northerly to intersect the 
north side of west Hamburg Street; thence binding on the 
north side of w^est Hamburg Street easterly to intersect the 
division line between Lot 38, Ward 23, Section 1, Block 916, 
and Lot 37, Ward 23, Section 1, Block 916 ; thence binding 
on said division line, as extended, northerly to intersect the 
north side of a 2-foot alley; thence binding on the north 
side of said alley easterly to intersect the west side of Bevan 



ORDINANCES 351 

Street; thence binding on the west side of Bevan Street 
northerly to intersect the extension of the division line 
betAveen Lot 80, Ward 23, Section 1, Block 916, and Lot 81, 
Ward 23, Section 1, Block 916; thence binding on the exten- 
sion of said division line easterly to intersect the rear lot 
line of Lot 9, Ward 23, Section i, Block 916 ; thence bind- 
ing on said lot line northerly to intersect the division line 
between Lot 9, Ward 23, Section 1, Block 916, and Lot 8, 
Ward 23, Section 1, Block 916 ; thence binding on said divi- 
sion line easterly to intersect the west side of south Han- 
over Street ; thence binding on the west side of south Han- 
over Street northerly to intersect the southern lot line of 
Lot 35, Ward 22, Section 9, Block 903 ; thence binding on 
said lot line westerly, as extended, to cross Bevan Street, to 
intersect the division line betsveen Lot 9, Ward 22, Section 
9, Block 903, and Lot 10, Ward 22, Section 9, Block 903; 
thence binding on said division line and the extension of said 
division line westerly to intersect the west side of Leadenhall 
Street ; thence binding on the west side of Leadenhall Street 
southerly to intersect the north side of west Henrietta 
Street; thence binding on the north side of Henrietta Street 
westerly to the point of beginning. 

Sec. 3. And be it further ordained. That the Renewal 
Plan for Sharp-Leadenhall identified as **Urban Renewal 
Plan, Sharp-Leadenhall Urban Renewal Project", having 
been duly reviewed and considered, is hereby approved, and 
the Clerk of the City Council is hereby directed to file ^ copy 
of said Renewal Plan with the Department of Legislative 
Reference as a pormanont Ronowal Plan with tke Depart 
mont ef Logislativo Roforonco as a permanent record and 
make the same available for public inspection and infor- 
mation. 

Sec. 4. And he it further ordained, That it is necessary to 
acquire by purchase or by condemnation for Urban Renewal 
purposes the fee simple interest, or any lesser interest, in 
and to the properties or portions thereof situate in Balti- 
more City, Marj'^land, and described as follows: 



823 


Bevan 


Street 


827 


Bevan 


Street 


829 


Bevan 


Street 



352 





ORDINANCES 


Ord. No. 581 


924 


Bevan Street 




926 


Bevan Street 




928 


Bevan Street 




137 


West Cross Street 




139 


West Cross Street 




141 


West Cross Street 




143 


W^est Cross Street 




145 


West Cross Street 




147 


West Cross Street 




149 


West Cross Street 




151 


West Cross Street 




152 


West Cross Street 




153 


West Cross Street 




154 


West Cross Street 




155 


West Cross Street 




156 


West Cross Street 




157 


West Cross Street 




158 


West Cross Street 




159 


West Cross Street 




160 


West Cross Street 




161 


West Cross Street 




162 


West Cross Street 




163-165 


West Cross Street 




164 


West Cross Street 




166 


West Cross Street 




167 


West Cross Street 




168 


West Cross Street 




169 


West Cross Street 




170 


West Cross Street 




171 


West Cross Street 




172 


West Cross Street 




174 


West Cross Street 




176 


West Cross Street 




178 


West Cross Street 




180 


West Cross Street 




182 


West Cross Street 




184 


West Cross Street 




144 


West Hamburg Street 




146 


West Hamburg Street 




147 


West Hamburg Street 




148 


West Hamburg Street 




149 


West Hamburg Street 





ORDINANCES 35? 



150 West Hamburg Street 

151 West Hamburg Street 

152 West Hamburg Street 

153 West Hamburg Street 

154 West Hamburg Street 

155 West Hamburg Street 

156 West Hamburg Street 

157 West Hamburg Street 

158 West Hamburg Street 

159 West Hamburg Street 

160 W^st Hamburg Street 

161 West Hamburg Street 

162 West Hamburg Street 

163 West Hamburg Street 

164 West Hamburg Street 

165 West Hamburg Street 

166 West Hamburg Street 

167 West Hamburg Street 

168 West Hamburg Street 

169 West Hamburg Street 

170 West Hamburg Street 

171 West Hamburg Street 
172-176 West Hamburg Street 
173 West Hamburg Street 
175 West Hamburg Street 
178 West Hamburg Street 
180 West Hamburg Street 
182 West Hamburg Street 
184 West Hamburg Street 

112 Hammerbacker Court 

114 Hammerbacker Court 

116 Hammerbacker Court 

118 Hammerbacker Court 

820 South Hanover Street 

822 South Hanover Street 

824 South Hanover Street 
826-828 South Hanover Street 

830 South Hanover Street 

832 South Hanover Street 

834 South Hanover Street 

900 South Hanover Street 



354 





ORDINANCES 


Ord. No. 581 


102 


West Henrietta Street 




103 


West Henrietta Street 




104 


West Henrietta Street 




105 


West Henrietta Street 




106 


West Henrietta Street 




107 


West Henrietta Street 




108 


West Henrietta Street 




109 


West Henrietta Street 




110 


West Henrietta Street 




111 


West Henrietta Street 




112 


West Henrietta Street 




113 


West Henrietta Street 




114 


West Henrietta Street 




115 


West Henrietta Street 




116 


West Henrietta Street 




117 


West Henrietta Street 




118 


West Henrietta Street 




119 


West Henrietta Street 




121 


West Henrietta Street 




123 


West Henrietta Street 




125 


West Henrietta Street 




131 


West Henrietta Street 




133 


West Henrietta Street 




135 


West Henrietta Street 




137 


West Henrietta Street 




139 


West Henrietta Street 




141 


West Henrietta Street 




143 


West Henrietta Street 




145 


West Henrietta Street 




147 


West Henrietta Street 




149 


West Henrietta Street 




151 


West Henrietta Street 




153 


West Henrietta Street 




155 


West Henrietta Street 




157 


West Henrietta Street 




159 


West Henrietta Street 




161 


West Henrietta Street 




163 


West Henrietta Street 




165 


West Henrietta Street 




167 


West Henrietta Street 




115 


Kuhlman Court 




829 


Leadenhall Street 







ORDINANCES 


831 


Leadenhall Street 


833 


Leadenhall Street 


835 


Leadenhall Street 


837 


Leadenhall Street 


839 


Leadenhall Street 


841 


Leadenhall Street 


843 


Leadenhall Street 


845 


Leadenhall Street 


900-904 


Leadenhall Street 


901 


Leadenhall Street 


903 


Leadenhall Street 


905 


Leadenhall Street 


906-908 


Leadenhall Street 


907 


Leadenhall Street 


909 


Leadenhall Street 


9091/2 


Leadenhall Street 


910-926 


Leadenhall Street 


911 


Leadenhall Street 


913 


Leadenhall Street 


915 


Leadenhall Street 


917 


Leadenhall Street 


919 


Leadenhall Street 


921 


Leadenhall Street 


923 


Leadenhall Street 


925 


Leadenhall Street 


927 


Leadenhall Street 


928-936 


Leadenhall Street 


929 


Leadenhall Street 


931 


Leadenhall Street 


933 


Leadenhall Street 


935 


Leadenhall Street 


937 


Leadenhall Street 


938 


Leadenhall Street 


939 


Leadenhall Street 


940 


Leadenhall Street 


942 


Leadenhall Street 


944 


Leadenhall Street 


946 


Leadenhall Street 


1000 


Leadenhall Street 


1002 


Leadenhall Street 


1004 


Leadenhall Street 


1006 


Leadenhall Street 



355 



1008-1010 Leadenhall Street 



i6 


ORDINANCES 


Ord. No. 581 


1012 


Leadenhall Street 




1014 


Leadenhall Street 




1016 


Leadenhall Street 




1018 


Leadenhall Street 




1020 


Leadenhall Street 




1022 


Leadenhall Street 




1024 


Leadenhall Street 




1026 


Leadenhall Street 




1028 


Leadenhall Street 




1030 


Leadenhall Street 




1032 


Leadenhall Street 




1034 


Leadenhall Street 




1036 


Leadenhall Street 




1102 


Leadenhall Street 




1104 


Leadenhall Street 




1106 


Leadenhall Street 




1108 


Leadenhall Street 




1110 


Leadenhall Street 




1112 


Leadenhall Street 




1114 


Leadenhall Street 




1116 


Leadenhall Street 




903 


Peach Street 




905 


Peach Street 




906 


Peach Street 




907 


Peach Street 




909 


Peach Street 




911 


Peach Street 




913 


Peach Street 




915-919 


Peach Street 




916 


Peach Street 




926 


Peach Street 




928 


Peach Street 




930 


Peach Street 




1003 


Peach Street 




1004 


Peach Street 




1013 


Peach Street 




1015 


Peach Street 




1017 


Peach Street 




1018-1020 


Peach Street 




1019 


Peach Street 




1021 


Peach Street 




1022 


Peach Street 




1023 


Peach Street 







ORDINANCES 


1024 


Peach Street 


1025 


Peach Street 


1026 


Peach Street 


1027 


Peach Street 


1028 


Peach Street 


1029 


Peach Street 


1102 


Peach Street 


1103 


Peach Street 


1104 


Peach Street 


1105 


Peach Street 


1107 


P^ach Street 


1111 


Peach Street 


1112 


Peach Street 


1113 


Peach Street 


1114 


Peach Street 


1115 


Peach Street 


1116 


Peach Street 


1117 


Peach Street 


1118 


Peach Street 


1120 


Peach Street 


1122 


Peach Street 


1124 


Peach Street 


1126 


Peach Street 


1128 


Peach Street 


1130 


Peach Street 


901 


South Sharp Street 


903 


South Sharp Street 


905 


South Sharp Street 


907 


South Sharp Street 


909 


South Sharp Street 


911 


South Sharp Street 


913 


South Sharp Street 


915 


South Sharp Street 


917 


South Sharp Street 


919 


South Sharp Street 


921 


South Sharp Street 


923 


South Sharp Street 


925 


South Sharp Street 


927 


South Sharp Street 


929 


South Sharp Street 


931 


South Sharp Street 


933 


South Sharp Street 



357 



358 



J 


ORDINANCES 


Ord. No. 581 


935 


South Sharp Street 




937 


South Sharp Street 




939 


South Sharp Street 




941 


South Sharp Street 




943 


South Sharp Street 




945 


South Sharp Street 




947 


South Sharp Street 




1001 


South Sharp Street 




1003 


South Sharp Street 




1005 


South Sharp Street 




1007 


South Sharp Street 




1009 


South Sharp Street 




1011 


South Sharp Street 




1013 


South Sharp Street 




1015 


South Sharp Street 




1017 


South Sharp Street 




1019 


South Sharp Street 




1021 


South Sharp Street 




1023 


South Sharp Street 




1025 


South Sharp Street 




1027 


South Sharp Street 




1029 


South Sharp Street 




1031 


South Sharp Street 




1033 


South Sharp Street 




1035 


South Sharp Street 




1037 


South Sharp Street 




1039 


South Sharp Street 




1041 


South Sharp Street 




1043 


South Sharp Street 




1045 


South Sharp Street 




1101 


South Sharp Street 




1103 


South Sharp Street 




1105 


South Sharp Street 




1107 


South Sharp Street 




1109 


South Sharp Street 




1111 


South Sharp Street 




1113 


South Sharp Street 




1115 


South Sharp Street 




1117 


South Sharp Street 




1119 


South Sharp Street 




1121 


South Sharp Street 




1123 


South Sharp Street 




1125 


South Sharp Street 







ORDINANCES 


1127 


South Sharp Street 


1129 


South Sharp Street 


1131 


South Sharp Street 


1133 


South Sharp Street 


1135 


South Sharp Street 


1137 


South Sharp Street 


1139 


South Sharp Street 


1141 


South Sharp Street 


1143 


South Sharp Street 


1145 


South Sharp Street 


1147 


South Sharp Street 


1237 


South Sharp Street 


150 


Wackers Court 


132 


Wagners Court 


148 


West West Street 


154 


West West Street 


156 


West West Street 


158 


West West Street 


160 


West West Street 


162 


West West Street 


164 


West West Street 


166 


West West Street 



359 



Lot 90 Block 931 Section 3 Ward 23 

LOT 51 BLOCK 946 SECTION 7 WARD 23 



Sec. 5. And be it further ordained, That it may be neces- 
sary to acquire by purchase or by condemnation for 
Urban Renewal purposes the fee simple interest or any 
lesser interest in and to such of the remaining properties 
or portions thereof in Sharp-Leadenhall not specifically 
designated for acquisition in Section 4 of this ordinance, as 
may be deemed necessary and proper by the Commissioner 
of the Department of Housing and Community Development 
to effect the proper implementation of the Project. 

( 1 ) These properties may include : 

(a) Any property in the project area containing a non- 
salvable structure, i.e., a structure which in the opinion of 
the Commissioner of the Department of Housing and Com- 
munity Development cannot be economically rehabilitated. 



360 ORDINANCES Ord. No. 581 

(b) Any property the owner of which is unable or 
unwilling to comply or conform to the codes and ordinances 
of Baltimore City within 12 months from the date of written 
notice of the required improvements, the Department of 
Housing and Community Development, after due considera- 
tion that the property owner has failed to achieve substan- 
tial conformity with the codes and ordinances of Baltimore 
City, may acquire such property pursuant to the Eminent 
Domain Law of this State as if the property had originally 
been planned for acquisition after 90 days written notice 
to the owner. The Department of Housing and Community 
Development reserves the right to acquire any such non- 
complying property for a period of t^vo (2) years from the 
date of said written 90 days notice by the Department of 
Housing and Community Development. 

(2) Upon the acquisition of such properties, the Depart- 
ment of Housing and Community Development will either : 

(a) Demolish the structure or structures thereon and 
dispose of the land for redevelopment at its fair value for 
uses in accordance vv^th this Plan ; or 

(b) Sell or lease the property at its fair value subject 
to rehabilitation in conformance with the codes and ordi- 
nances of Baltimore City ; or 

(c) Rehabilitate the property in conformance with the 
codes and ordinances of Baltimore City and dispose of 
property at its fair value in accordance with applicable 
regulations. If sale cannot be consummated by the time 
rehabilitation is accomplished, property may be rented 
pending continuing sale efforts. 

Sec. 6. And be it further ordained, That the Real Estate 
Acquisition Division of the Department of the Comptroller, 
or such persons and in such manner as the Board of Esti- 
mates, in the exercise of the power vested in it by Article V, 
Section 5, of the Baltimore City Charter, may hereafter from 
time to time designate, is or are authorized to acquire on 
behalf of the iMayor and City Council of Baltimore and for 
the purposes described in this ordinance the fee simple 
interest or any lesser interest in and to the properties or 
portions thereof hereinabove mentioned. If the said Real 
Estate Acquisition Division of the Department of the Comp- 



ORDINANCES 861 

troller, or such person or persons and in such manner as 
the Board of Estimates, in the exercise of the power vested 
in it by Article V, Section 5, of the Baltimore City Charter, 
may hereafter from time to time designate, is or are unable 
to agree with the owner or owners on the purchase price 
for said properties or portions thereof, it or they shall 
forthwith notify the City Solicitor of Baltimore City, who 
shall thereupon institute in the name of the Mayor and City 
Council of Baltimore the necessary legal proceedings to 
acquire by condemnation the fee simple interest or any 
lesser interest iirand to said properties or portions thereof. 

Sec. 7. And be it further ordained, That in selling or 
otherwise disposing of property in Sharp-Leadenhall, the 
Department of Housing and Community Development shall 
require that developers agree in writing not to discriminate 
in the sale, lease, use or occupancy of the property developed 
by them against any person because of race, creed, color 
or national origin. 

Sec. 8. And he it further ordained, That the approval of 
the Renewal Plan for Sharp-Leadenhall shall not be con- 
strued as an enactment of such amendments to the Zoning 
Ordinance as are proposed in the Renewal Plan. 

Sec. 9. And he it further ordained, That in whatever 
respect, if any, the Renewal Plan approved hereby for 
Sharp-Leadenhall may not meet the requirements as to the 
content of a Renewal Plan or the procedure for the prepara- 
tion, adoption, and approval of Renewal Plans as provided 
in Ordinance No. 152, approved June 28, 1968, the said 
requirem.ents are hereby waived and the Renewal Plan 
approved hereby is exempted therefrom. 

Sec. 10. And he it further ordained. That in the event it 
be judicially determined that any word, phrase, clause, 
sentence, paragraph, section or part in or of this ordinance 
or the application thereof to any person or circumstances 
is invalid, the remaining provisions and application of such 
provisions to other persons or circumstances shall not be 
affected thereby, the Mayor and City Council hereby declar- 
ing that they would have ordained the remaining provisions 
of this ordinance without the word, phrase, clause, sentence. 



362 ORDINANCES Ord. No. 582 

paragraph, section or part or the application thereof so 
held invalid. 

Sec. 11. And be it further ordained, That in any case 
where a provision of this Ordinance concerns the same 
subject matter as an existing provision of any zoning, build- 
ing, electrical, plumbing, health, fire or safety ordinance or 
code or regulation, the applicable provisions concerned shall 
be construed so as to give effect to each ; provided, however, 
that if such provisions are found to be in irreconcilable 
conflict, the provision which establishes the higher standard 
for the promotion and protection of the public health and 
safety shall prevail. In any case where a provision of this 
ordinance is found to be in conflict with an existing provi- 
sion of any other ordinance or code or regulation in force 
in the City of Baltimore which establishes a lower standard 
for the promotion and protection of the public health and 
safety, the provision of this ordinance shall prevail, and the 
other existing provision of such other ordinance or code or 
regulation is hereby repealed to the extent that it may be 
found in conflict with this ordinance. 

Sec. 12. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved April 19, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 582 
(Council No. 1231) 

An Ordinance to comply with the requirements of Sub- 
section 1400(d), Section 140, Chapter 14 of Article 32 
of the Baltimore City Code (1966 Edition), title "The 
Building Code of Baltimore City," and to authorize an 
application for a permit to construct an off-street park- 
ing garage for the storage of more than 3 motor ve- 
hicles at 5201 Roland Avenue within 300 feet of a school. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltijnore, That in compliance with the provisions of 



ORDINANCES 363 

Subsection 1400(d), Section 140, Chapter 14 of Article 32 
of the Baltimore City Code (1966 Edition), the assent of 
the Mayor and City Council of Baltimore be and the same 
is hereby given to First National Bank to make applica- 
tion for a permit to construct a garage for the storage 
of more than 3 motor vehicles at 5201 Roland Avenue 
within 300 feet of a school. All ordinances and regulations 
of the Mayor and City Council of Baltimore shall be com- 
phed with in the construction and use of the off-street 
parking garage. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved April 19, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 583 
(Council No. 1242) 

An Ordinance to repeal and reordain with amendments 
Section 239(182) of Article 31 of the B^altimore City Code 
(1966 Edition), title 'Transit and Traffic/' subtitle 
"Parking and Stopping," as ordained by Ordinance 436, 
approved April 21, 1969, and amended by Ordinance 369, 
approved June 14, 1973, providing for reserved parking 
for members of the State's Attorney's office and the 
Public Defender's office who are attending Traffic Court 
on the east side of Hunter Street from Centre Street to 
Madison Street. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Section 239(182) of Article 31 of the 
Baltimore City Code (1966 Edition), title "Transit and 
Traffic," subtitle "Parking and Stopping," as ordained by 
Ordinance 436, approved April 21, 1969, and amended by 
Ordinance 369, approved June 14, 1973, be and it is hereby 
repealed and reordained, with amendments, to read as 
follows : 



364 ORDINANCES Ord. No. 584 

239. 

(182) Hunter Street, easterly side, from Centre Street 
to Madison Street, reserved for the parking of vehicles of 
police officers and members of the State's Attorney's office 
and the Public Defender's office who are required to attend 
Traffic Court in the line of duty. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved April 19, 1974. 

WILLIAM DONALD SCHAEFER, Mayor, 



No. 584 
(Council No. 1063) 

An Ordinance to repeal Section 87 of Article 31 of the 
Baltimore City Code (1966 Edition), title "Off-Street 
Parking," subtitle "Commission; Powers, Members, Du- 
ties," and Section 88 of Article 31 of the Baltimore City 
Code (1966 Edition), title "Off-Street Parking,'' subtitle 
"Powers of Commission; Condemnation," and to ordain 
in lieu thereof new Sections 87 and 88 to stand in the 
place of the sections repealed, generally changing the 
composition of the Off-Street Parking Commission, pro- 
viding for a director and other employees; and further 
granting to said Commission additional powers. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Section 87 of Article 31 of the Baltimore 
City Code (1966 Edition), title "Off-Street Parking," sub- 
title "Commission ; Powers, Members, Duties," and Section 
88 of Article 31 of the Baltimore City Code (1966 Edition), 
title "Off-Street Parking," subtitle "Powers of Commis- 
sion; Condemnation," be and they are hereby repealed 
and new Sections 87 and 88 be ^nd they are hereby or- 
dained in lieu thereof to stand in the place of the sections 
repealed, and to read as follows : 



ORDINANCES 365 

[87. Commission ; powers, members, duties. 

(a) Commission created; members. Pursuant to the 
power and authority vested in the Mayor and City Council 
of Baltimore by Chapter 611 of the Laws of Maryland of 
1947, and by Chapter 28 of the Laws of Maryland of 1948, 
Special Session, and by Ordinance No. 338, approved July 
2, 1948, there is hereby created a commission to be known as 
"The Off-Street Parking Commission of Baltimore City," 
to consist of five (5) members who shall be interested in 
the development and establishment of off-street parking 
facilities and who shall be appointed by the Mayor of 
Baltimore City in the manner prescribed by Section 6 of 
Article IV of the Baltimore City Charter. Any person hold- 
ing any public office for remuneration or who is an officer, 
employee, ^gent or representative of any individual, part- 
nership, corporation or association, who or which is en- 
gaged in the business of storing, parking or servicing self- 
propelled vehicles, shall not be appointed a member of the 
Commission. 

(b) Members; terms. The terms of each member shall 
be six (6) years, or until his successor qualifies and 
takes ofl[ice, except that the respective terms of the five 
members of the Commission first appointed sh^all be as fol- 
lows: One (1) member shall be appointed for two (2) 
years; one (1) member shall be appointed for three (3) 
years; one (1) member shall be appointed for four (4) 
years; one (1) member shall be appointed for five (5) 
years, and one (1) member shall be appointed for six (6) 
years, the respective terms to be designated by the Mayor. 

(c) Vacancies; Chairman. Any vacancy in the member- 
ship of the Commission caused by the expiration of a term 
or by the permanent absence from the State of Maryland 
of an incumbent or by supervening incapacity on his part, 
whether physical or mental, to discharge his duties, or by 
any other cause creating such a vacancy, either actual or in 
effect, shall be filled by the Mayor in the manner prescribed 
by Article IV, Section 6 of the Baltimore City Charter. 

One of the members shall be designated by the Mayor as 
Chairman of the Commission to serve until the expiration 
of his term. 



366 ORDINANCES Ord. No. 584 

The members of the Commission may be removed from 
office for cause in accordance with provisions of Article IV, 
Section 6 of the Baltimore City Charter. 

No member of the Commission sh^ll receive any com- 
pensation for his services on the Commission, except that the 
Chairman shall be paid such compensation as provided in 
the annual Ordinance of Estimates. 

(d) Regulations, meetings; records. The Commission 
may adopt such rules ,and regulations as it may deem neces- 
sary for the proper transaction of any business. A majority 
of the Commission shall constitute a quorum to transact 
any business. All sessions or meetings of the Commis- 
sion, except executive sessions, shall be open to the 
public. The Commission shall keep records of its proceed- 
ings, showing the vote of each member on each question, 
or, if absent or failing to vote, indicating such fact. The 
Commission shall keep a record of any resolutions, trans- 
actions, findings, determinations and decisions, and all of 
the records of the Commission shall be filed in the office of 
the Commission and shall be public records. 

(e) Secretary. The Commission may appoint a Secretary 
v/ho shall perform such duties as may be imposed upon him 
by ordinance or as may be assigned to him by the Commis- 
sion, and appoint, employ, hire or engage such other as- 
sistants, .aides and employees as may be deemed necessary 
for the proper performance of the duties of the Commission. 
The compensation of said Secretary and other assistants, 
aides and employees shall be subject to the approval of the 
Board of Estimates and shall be paid as provided in the 
annual Ordinance of Estimates. 

(f ) Technical assistants. The Commission, with the prior 
approval of the Board of Estimates, may employ or hire, 
from time to time, by contract, consulting, planning or 
designing engineers or architects or other persons possess- 
ing technical or specialized skills in connection with the 
duties and powers of the Commission.] 

87. Commission; powers, members, duties. 

(a) Commission created, members. Pursmobnt to the 
power and authority vested in the Mayor and City Council 
of Baltimore by Chapter 611 of the Laws of Maryland of 



ORDINANCES 367 

19I^7, and Chapter 28 of the Latvs of Maryland of 19If8, 
SpecM Session, and by Ordinance No. 338, approved July 
2, 19Jf8, there is hereby created a commission to be knoivn 
as ''The Off -Street Parking Commission of Baltimore City,'' 
to consist of ien {4^ ELEVEN (11) members, sm -fS-)- 
SEVEN (7) of whom shall be the follotving: the Mayor or 
his designee, A MEMBER OF THE CITY COUNCIL WHO 
SHALL BE ELECTED BY THAT BODY, the Commis- 
sioner of Housing and Community Development, the Direc- 
tor of Planning, the Commissioner of Transit and Traffic, 
the Director of Finance, and the Deputy Treasurer, and four 
(4) of whom shall be persons interested in the development 
and establishment of off-street parking facilities, and other 
matters relating to parking, and who shall be appointed by 
the Mayor of Baltimore City in the manner presecribed by 
Section 6 of Article IV of the Baltimore City Charter (1964- 
Revision) , None of the persons appointed by the Mayor shall 
hold any other public office either at the time of his appoint- 
ment or thereafter. Any person ivho is an officer, employee, 
agent or representative of any individual, partnership, cor- 
poration or association tvho or tvhich is engaged in the 
business of storing., parking or servicing motor vehicles, 
shall not be appointed a member of the Commission. 

(b) Members; terms. The person holding the particular 
public office stated in subsection (a) shall serve until he 
ceases to hold office or until the particular office is abolished. 
The members appointed by the Mayor shall hold office 
for a term of four (U) years, but in no event shall such 
term continue beyond the term of the Mayor tvho appointed 
them. 

(c) Vacancies; Chairman. The members appointed by 
the Mayor shall continue in office until their respective 
successors are appointed. Members of the Commission ap- 
pointed by the Mayor shall be eligible for reappointment. 
One of the members shall be designated by the Mayor as 
Chairman of the Commission to serve for four (J^) years. 
The members of the Commission appointed by the Mayor 
may be removed from office for cause in accordance with the 
provisions of Article IV, Section 6 of the Baltimore City 
Charter (196 Jf, Revision). No member of the Commission 
shall receive any compensation for his services to the Com- 
mission. 



368 ORDINANCES Ord. No. 584 

(d) Regulations; meetings; records.. The Commission 
may adopt such rides and regulations as it may deem neces- 
sary for the proper transaction of any business. The ma- 
jority of the Commission shall constitute a quorum to 
transact any business. All sessions or meetings of the Corn^ 
mission except executive sessions shall be open to the public. 
The Commission shall keep records of its proceedings show- 
ing the vote of each member and each question, or if 
absent or failing to vote, indicating such fact. The Com- 
mission shall keep a record of any resolutions, transactions, 
findings, terminations and decisions and all of the records 
of the Commission shall be filed in the Department of Legis- 
lative Reference and shall be public records. 

(e) Director. The Commission may appoint a Director 
and such other personnel as are necessary for the proper 
performance of the duties of the Commission, said personnel 
to receive such compensation as has been approved by the 
Board of Estimates and provided for in the annual Ordi- 
nance of Estimates. The Director and any other personnel 
employed by the Commission shall be subject to the provi- 
sions of the Classified Civil Service of the City of Baltimore. 

[88. Powers of Commission ; condemnation. 

(a) Powers. The Commission is hereby granted full pow- 
er and authority to exercise ;and perform any and all of the 
powers and authority granted to, and conferred upon, the 
Mayor and City Council of Baltimore by sub-paragraph 
(a) of Paragraph (18A) of Section 6 of the Baltimore City 
Charter (1949 Edition) subject to the provisions contained 
in subsection (b). 

(b) Condemnation. Where it is possible for the Off- 
Street Parking Commission to acquire sufficient land for 
a feasible project without exercising the powers of con- 
demnation, the Commission shall have full authority to 
^acquire the necessary property, but where it is necessary 
for the Commission to condemn in order to acquire an area 
sufficient for a feasible off-street parking project, it shall 
be necessary to have the site approved by an ordinance of 
the Mayor and City Council.] 

88. Powers of Commission; condemnation. 

(a) Powers. The Commission is hereby granted full pow- 
er and authority to exercise and perform any and all of 



ORDINANCES 369 

the powers and authority granted to, and conferred upon, 
the Mayor and City Council of Baltimore by Article 11, 
Section (20) of the Charter of Baltimore City (196U Revi- 
sion). 

(b) Condemnation. Where it is possible for the Off- 
Street Parking Commission to acquire sufficient land for a 
feasible project luithout exercising the powers of condem- 
nation, the Commission shall have full authority to acquire 
the necessary property, but where it is necessary for the 
Commission to condemn in order to acquire an area suffi- 
cient for a feasible off-street parking project, it shall be 
necessary to have the site approved by an ordinance of the 
Mayor and City Council. 

(c) Powers. In addition to the foregoing, the Commis- 
sion shall have the following powers: 

(1) To prepare and be responsible for a comprehensive 
parking policy for Baltimore City; 

(2) To study patterns of available parking facilities; 

(3) To study and ascertain how available parking facili- 
ties influence and affect mass transit and other modes of 
transportation; 

(h) To study and make recommendations to appropriate 
City, State or Federal agencies with regard to parking 
policy in Baltimore City; 

(5) To study parking fees and make recommendations 
in regard thereto; 

(6) To study general design criteria for parking facili- 
ties and recommendations in regard thereto; 

(7) To develop and implement a comprehensive down- 
toum parking facility; 

(8) To assist any and all public or private segments of 
the community involved in on-street or off-street parking; 

(9) To study parking lot operations in Baltimore City, 

Sec. 2. And be it further ordained, Tl^at this ordinance 
shall take effect from the date of its passage. 

Approved April 24, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



370 ORDINANCES Ord. No. 585 

No. 585 
(Council No. 657) 

An Ordinance to repeal and reordain with amendments, Par- 
agraph 614 of Chapter VI of Ordinance No. 902, ap- 
proved December 22, 1966, as said ordinance was amend- 
ed by Ordinance No. 644, approved December 15, 1969, 
title "The Housing Code of Baltimore City", sub-title 
"Light ; Ventilation ; Heating and Electrical Service'* re- 
lating generally to the use of space and hot water heating 
units, and providing, further, that no unvented, gas-fired 
space heating units other than ornamental gas logs may 
be installed or operated in any dwelling, dwelling unit 
or rooming unit, PROVIDING CERTAIN EXCEPTIONS, 
and providing, generally, for the operation and use of 
such ornamental gas logs. 

Section 1. Beit ordained by the Mayor and City Couneil 
of Baltimore, That Paragraph 614 of Chapter VI of Ordi- 
nance No. 902, approved December 22, 1966, as amended 
by Ordinance No. 644, approved December 15, 1969, Title 
"The Housing Code of Baltimore City", sub-title "Light; 
Ventilation; Heating and Electrical Service" be and the 
same is hereby repealed and reordained, with amendments, 
to read as follows : 

"614. Every space heating unit or hot water heating 
facility shall: (a) not use gasoline or other similar highly 
flammable liquid fuel; (b) not be of portable type using 
solid, liquid or gaseous fuel; (c) be properly connected to 
an approved flue or vent [unless the appliance has been 
approved by the Building Inspection Engineer and the Chief 
of the Fire Department as one not requiring venting;] 
unless it is an electrical appliance; (d) be so located 
or protected as to prevent any overheating of adjacent com- 
bustible material; (e) if employing electricity be connected 
to a circuit of adequate capacity in an approved manner; 
and (f ) be provided with all required automatic or safety 
devices [andj, be installed under permit and be properly 
operated, [in the manner required by the laws, ordinances, 
rules and regulations of the City of Baltimore.] A kero- 
sene space heater which has its fuel piped to the heater 
from an approved tank shall be permissible. Other kerosene 



ORDINANCES 371 

space heaters are unacceptable. [, except that an existing 
vented kerosene space heater having its fuel tank attached 
to the unit may continue in use until one (1) year after the 
passage of this Code. An approved unvented gas-fired space 
heater shall be unacceptable if installed in a room or en- 
closed space where the input rating exceeds thirty (30) 
B.T.U. per hour per cubic foot of room or space. After the 
effective date of this ordinance no unvented gas-fired space 
heaters may be installed in a room used for sleeping pur- 
poses.] No unvented, gas-fired space heating unit other than 
ornamental gas iogs meeting the conditions set forth beloiv, 
may he installed or operated in any divelling, dwelling unit 
or rooming unit. Ornamental gas logs may be installed 
and existing ones may be kept in use in any dwelling unit or 
dwelling heated by a legal heating unit provided that these 
logs are located only in vented fireplaces in rooms not used 
for sleeping purposes. 

SEC. 2. AND BE IT FURTHER ORDAINED, THAT 
THE PROVISIONS OF THIS ORDINANCE SHALL NOT 
BE ENFORCED IN DWELLINGS LOCATED IN URBAN 
RENEWAL AREAS AND SUBJECT TO ACQUISITION 
WITHIN TWO YEARS. 

SEC. 3. AND BE IT FURTHER ORDAINED, THAT 
THE PROVISIONS OF THIS ORDINANCE ARE HERE- 
BY DECLARED TO BE SEVERABLE, AND IN CASE IT 
BE JUDICIALLY DETERMINED THAT ANY WORD, 
PHRASE, CLAUSE, ITEM, SENTENCE, PARAGRAPH 
OR SECTION OF THIS ORDINANCE, OR THE APPLI- 
CATION THEREOF, TO ANY PERSON OR CIRCUM- 
STANCE, IS INVALID, THE REMAINING PROVISIONS 
AND THE APPLICATION OF SUCH PROVISIONS TO 
OTHER PERSONS OR CIRCUMSTANCES SHALL NOT 
BE AFFECTED THEREBY, THE MAYOR AND CITY 
COUNCIL HEREBY DECLARING THAT THEY WOULD 
HAVE ORDAINED THE REMAINING PROVISIONS OF 
THIS ORDINANCE WITHOUT THE WORD, PHRASE, 
CLAUSE, ITEM, SENTENCE, PARAGRAPH OR SEC- 
TION, OR THE APPLICATION THEREOF, SO HELD 
INVALID. 



372 ORDINANCES Ord. No. 586 

Sec. ^ 4. And belt further ordained, That this ordinance 
shall take effect thirty 4^0)- 4ays from the 4ate ef its 
pacDago AUGUST 1, 1974. 

Approved April 26, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 586 
(Council No. 1075) 

An Ordinance to amend Sheet No. 60 of the Zoning Dis- 
trict Maps of Article 30 of the Baltimore City Code (1966 
Edition), title "Zoning," (Ordinance No. 1051, approved 
April 20, 1971) by changing from the M-2-1-S Zoning 
District to the B-3-3 Zoning District the property on 
the south side of Eastern Avenue at the Eastern City 
Boundary as outlined in red on the plats accompanying 
this ordinance. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Sheet No. 60 of the Zoning District 
Maps of Article 30 of the Baltimore City Code (1966 
Edition), title "Zoning," (Ordinance No. 1051, approved 
April 20, 1971) be and it is hereby amended by changing 
from the M-2-1-S Zoning District to the B-3-3 Zoning 
District the property on the south side of Eastern Avenue 
at the Eastern City Boundary as outlined in red on the 
plats accompanying this ordinance. 

Sec. 2. And be it further ordained, That upon passage 
of this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in 
order to give notice to the departments which are admin- 
istering the Zoning Ordinance, the President of the City 
Council shall sign the plat and, when the Mayor approves 
the ordinance, he shall sign the plat. The City Treasurer 
shall then transmit a copy of the ordinance and one of the 
pl^ts to the following: the Board of Municipal and Zoning 



ORDINANCES 373 

Appeals, the Planning Commission, the Commissioner of 
the Department of Housing and Community Development. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect 30 days from the date of its passage. 

Approved April 26, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 587 
(Council No. 1076) 

An Ordinance to amend Sheet No. 60 of the Zoning Dis- 
trict Maps of Article 30 of the Baltimore City Code (1966 
Edition), title ''Zoning," (Ordinance No. 1051, approved 
April 20, 1971) by changing from the M-2-1-S Zoning 
District to the B-3-3 Zoning District the property south 
of Eastern Avenue and West of the Eastern City Bound- 
ary established in 1918 as outlined in red on the plats ac- 
companying this ordinance. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, Th^t Sheet No. 60 of the Zoning District 
Maps of Article 30 of the Baltimore City Code (1966 
Edition), title ''Zoning," (Ordinance No. 1051, approved 
April 20, 1971) be and it is hereby amended by changing 
from the M-2-1-S Zoning District to the B-3-3 Zoning Dis- 
trict the property south of Eastern Avenue and west of the 
Eastern City Boundary established in 1918, as outlined in 
red on the plats accompanying this ordinance. 

Sec. 2. And be it further ordained, That upon passage of 
this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order 
to give notice to the departments which are administering 
the Zoning Ordinance, the President of the City Council 
shall sign the plat and, when the Mayor approves the 
ordinance, he shall sign the plat. The City Treasurer shall 
then transmit a copy of the ordinance and one of the plats 



874 ORDINANCES Ord. No. 588 

to the following: the Board of Municipal and Zoning 
Appeals, the Planning Commission, the Commissioner of 
the Department of Housing and Community Development. 

Sec. 3. And he it further ordained, That this ordinance 
shall t^ke effect 30 days from the date of its passage. 

Approved April 26, 1974. 

WILLIAM DONALD SCHAEFER, Mayor, 



No. 588 
(Council No. 1205) 

An Ordinance to waive Section PARAGRAPH 2138 of Ar- 
ticle 32 of the Baltimore City Code (1966 Edition), said 
article being known generally as the Building Code of 
Baltimore City, in order to permit the construction and 
maintenance of a masonry structure not more than sixteen 
inches from the east wall of the improvements known as 
2341 E. Fayette Street into the adjoining sidewalk area. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Section PARAGRAPH 2138 of Article 
32 of the Baltimore City Code (1966 Edition), said article 
being known generally as the Building Code of Baltimore 
City, be waived in order to permit the construction and 
maintenance of a masonry structure not more than sixteen 
inches from the east wall of the improvements known as 
2341 E. Fayette Street into the adjoining sidewalk. SAID 
STRUCTURE SHALL BE APPROXIMATELY 18 FEET 
IN WIDTH AND 10 FEET IN HEIGHT. Except as in this 
ordinance specifically provided, all ordinances and all rules 
and regulations of the Mayor and City Council of Baltimore 
shall be complied with in the construction and use of said 
structure. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved April 26, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 375 

No. 589 

(Council No. 1233) 

An Ordinance to add a new Section 48B to Article 19 of 
the Baltimore City Code (1966 Edition) title "Police 
Ordinances" to follow immediately after Section 48A 
thereof, prohibiting loitering in bus and railroad stations. 

Whereas, the importance of interstate public carriers 
is recognized by 'the Federal regulation thereof : and 

Whereas, the courts have held that freedom to travel 
is a constitutional right of a citizen ; and 

Whereas, this right cannot be exercised unless the 
terminals of public carriers are orderly places where pas- 
sengers can move about without fear of harassment ; 

It is, therefore, the sense of the City Council that this 
ordinance is necessary in order to insure safety, peace 
and order in the bus and railroad stations for the sake of 
the health, welfare, safety and good government of our 
citizens. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That a new Section 48B be and it is hereby 
added to Article 19 of the Baltimore City Code (1966 Edi- 
tion), title "Police Ordinances," to follow immediately after 
Section 48A thereof, and to read as follows : 

^8B. Loitering in bus and railroad terminals. 

(a) "LoiteHng*' shall mean remaining idle in essen- 
tially one location and shall include the concept of spending 
time idly; to he dilatory ; to linger; to stay; to saunter; 
to delay; to stand around and shall also include the col- 
loquial expression "hanging around". 

(b) It shall be unlawful for any person who is with- 
out a business purpose for being there to loiter in any bu^ 
station or railroad station in such manner as to interfere 
with the free and uninterrupted u^e of the station by 
passengers and to refuse to leave the premises when re- 



376 ORDINANCES Ord. No. 590 

quested to do so by a special officer employed by the 
owner of the terminal. 

(c) Any person violating the provisions of this section 
shall be deemed guilty of a misdemeanor and upon con- 
viction thereof shall be subject to a fine of not more than 
five hundred ($500.00) or imprisonment for not more than 
30 days, or both fine and imprisonment, in the discretion 
of the court. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect 30 days from date of passage. 

Approved April 26, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 590 
(Council No. 1234) 

An Ordinance to add new Section 83A to Article 15 of the 
Baltimore City Code (1966 Edition), title "Licenses," 
subtitle ''Selling in Streets," to follow immediately 
after Section 83 thereof, to prohibit the peddling of 
goods, wares or merchandise in the downto^vn area of 
the City, subject to certain exceptions; creating the 
Board of Licenses for hucksters, hawkers, and peddlers, 
and providing certain powers and duties in said Board 
for the licensing and regulation of hucksters, hawkers 
and peddlers in the downtown area of the City; and 
relating generally to the peddling of merchandise in 
the dowTito^vn area of the City. 

Section 1. Be it ordained by the Mayo-r and City Council 
of Baltimore, That new Section 83A be and it is hereby 
added to Article 15 of the Baltimore City Code (1966 Edi- 
tion), title "Licenses," subtitle "Selling in Streets," to fol- 
low immediately after Section 83 thereof, to read as follows : 

8SA. 

(a) It shall be unlawful for any person or any other 
legal entity, to sell or offer for sale on or in any sidewalk. 



ORDINANCES 377 

street, alley, mall, parkivay, esplanade, highway or any 
other property open or devoted to public use in the down- 
town area of Baltimore City, any goods, wares, or mer- 
chandise, except newspapers, either exposed or enclosed 
in boxes, crates, barrels, baskets or any other container, 
carried, conveyed, or transported either on foot or by 
wagon, pushcart, handcart, or any other vehicle. It shall 
further be unlawful to erect, construct, build, maintain, 
or occupy any booth, stand or other structure, either 
permanent or temporary, upon any sideivalk, street, alley,, 
mall, parkway, ^esplanade, highway, or any other prop- 
erty open or devoted to public use in the downtoivn area 
of the city for the purpose of engaging in, carrying on or 
furthering the business of VENDING, peddling, hawking or 
huckstering of any goods, wares or merchandise prohibited 
by this section. The phrase ''downtown area", for purposes 
of this section, sJmll mean the area within and bounded by 
Centre Street on the north, Pratt Street on the south, 
the Fallsway on the east, Groono PACA Street on the west, 
and Druid Hill Avenue on the northwest. 

(b) Provided, however, that any person or other legal 
entity may sell or offer for sale balloons, flotvers or hot 
and cold or frozen food and drink preparations or prod^ 
ucts on or in any of the places or areas mentioned in 
subsection (a) of this section, pi'ovided that he, she or 
it first obtains a license to do so from the Board of Li- 
censes or Hucksters, Hawkers, and Peddlers, hereinafter 
created. 

(c)(1) There is hereby created and established a 
Board of Licenses for Hucksters, Hawkers and Peddlers, 
with the membership, powers and duties as in this section 
provided. The Board shall be composed of the Director 
of the Baltimore Community Relations Commission, The 
Director of Finance, and the Commissioner of Hou^ng and 
Community Development. The members of the Board shall 
annually elect a Chairman from among the members of 
the Board and shall appoint a Secretary, The members 
of the Board shall receive no compensation for services 
rendered by them as members of the Board, but they shall 
be reimbursed for all necessary and proper expenses in- 
curred in the discharge of their duties. 



378 ORDINANCES Ord. No. 590 

(2) The Board shall appoint such employees, assistants 
and investigators and at such compensation as may be pro- 
vided in the annual Ordinances of Estimates from time 
to time. 

(3) The Board is authorized and empowered to deter^ 
mine the number of licenses to be issued to persons or 
other legal entities to sell or offer for sale any of the 
merchandise or products mentioned in subsection (b) and 
the location for which said license shall be effective; and 
the Board is authorized and empowered to issue li- 
censes to persons or other legal entities to sell or offer to 
sell any goods, wares or merchandise, in addition to the 
merchandise or products mentioned in subsection (b), in 
the downtown area from time to time, and in connection 
with any such determination or act, the Board shall take 
into consideration the following: 

(a) the volume and types of vehicular and pedestrian 
traffic in the vicinity of the particular location; 

(b) the number and types of licenses issued and out- 
standing in the vicinity of the particular location; 

(c) the health, security, and general welfare of the 
public; 

(d) the information contained in the application for a 
license; and 

(e) the types or kinds of merchandise to be sold at or 
in the vicinity of the particular location. 

Any and all licenses issued by the Board shall be sub- 
ject to such reasonable limitations and conditions as may 
be deemed necessary or proper to carry out the purpose 
and intent of this section, 

(U) The Board is authorized and empowered to pro- 
mulgate and adopt rules and regulations to carry out the 
purpose and intent of this section. Such rules and regula- 
tions shall have the same force and effect as laiv. THE 
BOARD SHALL PROMULGATE AND ADOPT SUCH 
RULES AND REGULATIONS WITHIN ONE (1) WEEK 
AFTER THE PASSAGE OF THIS ORDINANCE. 

(d) Application for such a license may be made to the 
Board on a form to be provided by the Board. The ap- 



ORDINANCES 379 

plication shall be accompanied by a non-refundUible ap- 
plication fee of Twenty-Five Dollars ($25.00) to cover the 
City's cost of investigating and processing the application. 
The application shall be verified before a notary public or 
other officer authorized to administer oaths and it shall 
contain the following information: 

(1) The applicant's name, address and length of resi- 
dence in Baltimore City. 

(2) The applicant's age, ivhich must be not less than 
18 years. 

(3) The location for ivhich the license is sought. 

(Jf) Two passport-size photographs, TAKEN WITHIN 
60 DAYS PRIOR TO THE FILING OF THE APPLICA- 
TION. 

■fS^ ¥he applicant shall IM m¥y- conviction ^f- a mis- 
domcanor involving moral turpitude m^ ef €b felony dm^ 

-f^ (5) Such other information as may be required by 
the Board and which is reasonably related to the appli- 
cant's fitness to be granted a license. 

(e) If the Board determines that the application 
should be granted, a license shall not be issued until the 
applicant has paid a license fee of Twenty-five Dollars 
($25.00), provided that if the license is issued after June 
30, of any year, the initial license fee shall be tivelve and 
fifty/ 100 dollars ($12.50) for each such license. 

(F) THE BOARD IS AUTHORIZED AND EMPOW- 
ERED TO ISSUE A TEMPORARY LICENSE TO PER- 
SONS OR OTHER LEGAL ENTITIES TO SELL OR 
OFFER FOR SALE ANY GOODS, WARES OR MER- 
CHANDISE, INCLUDING BUT NOT LIMITED TO THE 
MERCHANDISE OR PRODUCTS MENTIONED IN SUB- 
SECTION (B), IN THE DOWNTOWN AREA FROM 
TIME TO TIME, IN CONNECTION WITH ANY CHAR- 
ITABLE, EDUCATIONAL, ARTISTIC, CIVIC OR OTHER 
PUBLIC FUNCTIONS OR ACTIVITIES, FOR A LI- 
CENSE PERIOD NOT TO EXCEED FOUR (J,) DAYS, 
UPON PAYMENT TO THE BOARD BY THE APPLI- 
CANT OF A LICENSE FEE IN THE AMOUNT OF TWO 



380 ORDINANCES Ord. No. 590 

DOLLARS ($2.00) PER APPLICATION, PROVIDED 
THAT SUCH TEMPORARY LICENSE SHALL BE RE- 
NEWABLE FOR ADDITIONAL FOUR (U) DAY PERI- 
ODS UPON PROPER APPLICATION BEING MADE TO 
THE BOARD FOR SUCH RENEWAL OF SAID TEMPO- 
RARY LICENSE, AND UPON PAYMENT BY THE AP- 
PLICANT OF AN ADDITIONAL TWO DOLLARS ($2.00) 
LICENSE FEE FOR EACH SUCH ADDITIONAL FOUR 
(h) DAY TEMPORARY LICENSE PERIOD. 

•^ (q) U i^e Board determines that the application 
should he denied, such denial may be appealed to the 
Board of Municipal and Zoning Appeals (Zoning Board) 
on the same basis as is hereinafter provided for the appeal 
of a suspension or revocation of a license to the Zoning 
Board. 

■fg^ A l ie one chall noi b-e ioeuod until Uh€ applicant 
h€h& obtained a public liability policy fi^mn em ineuranoo 
company liconsGd i& de bueinose in ihe Storie ^ Maryland^ 
which poUcy shall contain euch coverage ^ m such amounte 
€be shall h€ determined by- ihe Rules emd Regulations 9f 
ihe Board, taking m^ consideration Uh€ types m^ kinds ^f 
merchandise ^ he eeld hy licensee fm^ which ihe license 
is issucd rr ^he Mayor €bnd QUy- Council of- B altim^oro sheM 

€frn€^ must he delivered ^ ihe Board, Such certificate sheM 
provide ihM written notice wiU he given ^ ihe Board noi 
less than ^ten (10) days before cancellation ^ the policy 

(H) THE BOARD IS AUTHORIZED AND EMPOW- 
ERED TO DETERMINE THE SIZE, SHAPE, DESIGN 
AND DIMENSIONS OF ANY CONTAINER, WAGON, 
PUSHCART, HANDCART, CONVEYANCE OR OTHER 
VEHICLE WHICH SHALL BE PERMITTED TO BE 
USED IN CONNECTION WITH THE SALE OF ANY OF 
THE MERCHANDISE OR PRODUCTS AUTHORIZED 
TO BE SOLD OR OFFERED FOR SALE UNDER THE 
PROVISIONS OF THIS ORDINANCE. 



■fk)- Each licensee shaM conspiouousVy wear a 
^ be euppUed hy ihe Board, which badge shaM be ef onotal 
e^ other hard dwrablo substam>oc, amd s€bid badge sheM 
be wambered ie correspond with ihe nmmbor ef hie licens e . 



ORDINANCES 381 

(I) THE BOARD SHALL ISSUE AN IDENTIFICA- 
TION BADGE TO EACH LICENSEE FOR EACH LOCA- 
TION FOR WHICH AN APPLICATION FOR LICENSE 
HAS BEEN APPROVED, WHICH IDENTIFICATION 
BADGE SHALL BE OF LAMINATED PLASTIC OR 
OTHER DURABLE SUBSTANCE, SHALL BEAR A PHO- 
TOGRAPH OF THE LICENSEE, THE NAME AND 
HOME ADDRESS OF THE LICENSEE, THE LOCATION 
FOR WHICH THE LICENSE IS ISSUED, THE YEAR 
FOR WHICH ISSUED, AN IDENTIFYING NUMBER 
WHICH SHALL CORRESPOND WITH THE NUMBER 
OF THE APPLICANT'S LICENSE, AND EACH SUCH 
BADGE SHALL BEAR THE WORD ''VENDOR" IN 
CLEARLY DISCERNIBLE LETTERS ON THE FACE 
THEREOF. THE IDENTIFICATION BADGE SHALL BE 
PROMINENTLY DISPLAYED BY THE LICENSEE 
WHILE VENDING. 

■fh)- (j) All licenses shall expire on December SI of each 
year, hut a license may he renewed if the license has not 
been revoked or suspended, by payment of an annical re- 
neival license fee of Ttuenty-Five Dollars ($25.00) during 
the month of December and prior to the expiration of the 
license. The license shall automatically be revoked if the 
licensee fails to pay the reneival fee prior to the expiration 
of the license. 

■W-(k) The Board may revoke or suspend a license for 

violation of the provisions of this section, the i^les and 
regulations promulgated by the Board, or of any other 
applicable provisions of the laws of the State of Mary- 
land and the ordinances of the City. A suspension of tivo 
(2) weeks or less may not be appealed to the Board of 
Municipal and Zoning Appeals. Suspensions in excess of 
two (2) iveeks may be for a period of time up to six (6) 
months. In the event a license is revoked, an application 
for a new license may not be made until one year from 
the date of revocation. 

•9^(1) A license suspension, revocation, or a denial of 
an application for a license or other decision or ruling by 
the Board may be appealed to the Board of Municipal and 
Zoning Appeals (Zoning Board) by filing an appeal in 
writing with the Zoning Board within ten (10) days from 



382 ORDINANCES Ord. No. 590 

the date of notice of such suspension, revocation, denial 
of application, or decision or ruling of the Board. The 
Zoning Board shall hold a hearing thereon as soon as 
practicable and it may affirm, modify, or reverse the ac- 
tion of the Board. The action of the Zoning Board thereon 
shall he final. 

■fl)-(m) Any person tvho violates any of the provisions of 
this section shall, upon conviction, he punished by a fine 
not to exceed Tivo Hundred Dollars ($200.00) and each 
occurrence and each day's violation shall constitute a 
separate violation. Violations of the rules and regulations 
of the Board shall he deemed a violation of this section. 
Conviction of a licensee for violation of this section shall not 
serve as a har to administrative action to suspend or re- 
voke his license and a conviction shall serve as a ground 
of suspension or revocation of such license, hut a convic- 
tion for violation of any provision of this section shall not 
he required for the suspension or revocation of a license. 

■fm)- (n) All licensees shall comply with the applicable 
provisions and requirements of all other ordinances of the 
City and the laws of the State of Mainland. 

{^ (o) The provisions of this ordinance are hereby 
declared to be severable, and in case it be judicially deter- 
mined that any word, phrase, clause, item, sentence, parci- 
graph or section of this ordinance, or the application 
thereof, to any person or circumstance, is invalid, the re- 
maining provisions and the application of such provisions 
to other persons or circumstances shall not he affected 
thereby, the Mayor and City Council hereby declaring 
that they would have ordained the remaining provisions 
of tJiis ordinance ivithout the word, phrase, clause, item, 
sentence, paragraph or section, or the application thereof, 
so held invalid. 

•M'(p) In the event any provision of any law, ordinance 
rule or regulation now in force in the City of Baltimore 
are inconsistent or conflict with any provisions of this ordi- 
nxunce, then in such case the provisions of this ordinance 
shall he controlling. 



ORDINANCES 383 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved May 6, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 591 

(Council No. 1179) 

An Ordinance to waive Section PARAGRAPH 2138 of Ar- 
ticle 32 of the Baltimore City Code (1966 Edition), said 
article being known generally as the Building Code of 
Baltimore City, in order to permit the construction and 
maintenance of a masonry structure not more than three 
feet from the east wall of the improvements known as 
347 N. Calvert Street into the adjoining sidewalk area. 

Section 1. Be it ordained by tJie Mayor and City Council 
of Baltimore, That Section PARAGRAPH 2138 of Article 
32 of the Baltimore City Code (1966 Edition), said article 
being known generally as the Building Code of Baltimore 
City, be waived in order to permit the construction and 
maintenance of a masonry structure not more than three 
(3) feet from the east wall of the improvements known as 
347 N. Calvert Street into the adjoining sidewalk. SAID 
STRUCTURE SHALL BE APPROXIMATELY 13 FEET 
IN WIDTH AND 6 FEET IN HEIGHT. Except as in this 
ordinance specifically provided, all ordinances and all rules 
and regulations of the Mayor and City Council of Baltimore 
shall be complied with in the construction and use of said 
structure. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved May 8, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



384 ORDINANCES Ord. No. 593 

No. 592 
(Council No. 1276) 

An Ordinance to add new Section 208 (26a) to Article 31 of 
the Baltimore City Code (1966 Edition), title ^'Transit 
and Traffic," subtitle "Parking Meters," providing for 
parking meters on both sides of Exeter Street from Gay- 
Street to Low Street. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimorey That new Section 208 (26a) be and it is hereby 
added to Article 31 of the Baltimore City Code (1966 Edi- 
tion) , title "Transit and Traffic," subtitle "Parking Meters," 
to read as follows: 

208. 

(26a) Exeter Street, both sides, from Gay Street to Low 
Street, 

Sec. 2. And be it fuHher ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved May 8, 1974. 

WILLIAM DONALD SCHAEFER, Mayor, 



No. 593 

(Council No. 1286) 

An Ordinance to authorize the Mayor and City Council 
of Baltimore, pursuant to and in accordance with the 
Maryland Industrial Development Financing Authority 
Act to acquire the property at 6800 East Baltimore 
Street, Baltimore, Llaryland, ,and lease same to the 
Durrett-Sheppard Steel Co., Inc.; to borrow from the 
Maryland National Bank a sum of money not to ex- 
ceed One Million, Three Hundred Forty-Eight Thou- 
sand, Two Hundred Dollars ($1,348,200), and use the 
same to acquire and improve said property; to execute 



ORDINANCES 385 

the necessary legal documents to secure said loan; 
and conferring and imposing upon the Baltimore City 
Economic Development Commission certain powers 
and duties. 

Whereas, Article 1, Sections 49 through 55, of the 
Baltimore City Code, (1966 Edition) created the Balti- 
more City Economic Development Commission, herein- 
after called "Commission," and vested in it certain powers 
and duties to be exercised in connection with aiding the 
industrial growth of Baltimore City ; and 

Whereas, Article 41, Sections 266J to 266CC, inclusive, 
of the Annotated Code of Maryland (1971 Replacement 
Volume and 1973 Supplement) created and amended 
the Maryland Industrial Development Financing Au- 
thority, hereinafter called ''MIDFA," ^nd vested in it 
certain powers and duties in connection with the preser- 
vation and betterment of the economy of the State; and 

Whereas, the aforementioned sections of said Article 
41 of the Annotated Code of Maryland, am.ong other 
things, authorize any municipality of this State to borrow 
money without pledging its full faith and credit, and to 
execute a mortgage as security therefor, and use such 
money to defray the cost of acquiring any industrial 
project, including land, buildings and equipment, either 
by purchase or construction, .after the adoption of an 
ordinance by the legislative body of the municipality to 
do so ; and 

Whereas, the Durrett-Sheppard Steel Co., Inc., a cor- 
poration organized and existing under the laws of the 
State of Maryland, by its letter of intent dated March 
14, 1974, addressed to the Mayor of Baltimore, herein- 
after called "City," has requested aid and assistance 
from the City in connection with the acquisition and 
improvements of the property hereinafter designated 
in Baltimore City which is to be used by the aforesaid 
Company ; and 

Whereas, it has been determined that cooperation by 
the City in connection with the aforementioned under- 
taking will improve the economic condition of Baltimore 
City ; now, therefore. 



386 ORDINANCES Ord. No. 593 

Section 1. Be it ordained by the Mayor and City Coun- 
cil of Baltimore, That (a) pursuant to and in accordance 
with the terms and provisions of Sections 266J to 266CC of 
Article 41 of the Annotated Code of Maryland (1971 
Replacement Volume and 1973 Supplement), which 
created and amended MIDFA : 

(1) The City be and it is hereby authorized to acquire 
by negotiation and not by eminent domain the land and 
improvements located at 6800 East Baltimore Street, 
W^rd 26, Section 17, Block 6417, Lot 292, Baltimore, 
Maryland 21224. 

(2) The aforementioned property shall be acquired 
only for the purpose of leasing it to the Durrett-Sheppard 
Steel Co., Inc., to be used by it in connection with its 
business operations, upon such terms and conditions as 
may be mutually agreed upon by the City and said Com- 
pany. 

(3) The City be and it is hereby fully .authorized and 
empowered to borrow a sum of money not exceeding 
One Million, Three Hundred Forty-Eight Thousand, Two 
Hundred Dollars (81,348,200) and to use the same for 
or in connection with the acquisition and improvements 
to the aforementioned property, and to execute a mort- 
gage on said property to secure the aforesaid loan; the 
term of said mortgage shall not exceed twenty-one (21) 
years, and the rate of interest to be paid by the City in 
connection with said loan shall not exceed six percent 
(6%) per annum. In the event that said interest is 
validly determined for anj^ reason not to be exempt to 
the lender from Federal or State of Maryland income 
tax, the interest rate will automatically be increased to 
12 percent for the periods affected by such determination. 

(4) The terms and provisions of any and all legal 
instruments to be executed or entered into by the City 
in connection with the transaction authorized by this or- 
dinance shall be subject to the approval of the Board of 
Estimates. 

Sec. 2. And be it further ordAiined, That the Commis- 
sion is hereby fully authorized and empowered for the 
purpose of this ordinance only: 



ORDINANCES 387 

(a) To promote, make investigations, conduct pre- 
liminary negotiations, ^nd do any and all other things 
necessary or proper to expedite the consummation of the 
transactions mentioned in this ordinance; all pursuant 
and subject to the provisions of the Charter of Baltimore 
City. 

(b) After the transactions mentioned in this ordinance 
have been fully consummated, the Commission shall do 
any and all other things necessary, proper or expedient 
to assure the foall performance by the Durrett-Sheppard 
Steel Co., Inc., of any and all of the terms and provisions 
in any and all agreements entered into by the City And 
the Durrett-Sheppard Steel Co., Inc., all subject to the 
provisions of the Charter of Baltimore City. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved May 8, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 594 
(Council No. 1287) 

An Ordinance providing for a supplementary special loan 
fund appropriation in the amount of One Million Three 
Hundred Forty-Eight Thousand Two Hundred Dollars 
($1,348,200) to the Baltimore City Economic Develop- 
ment Commission to be used for property ^acquisition 
and improvement under the Maryland Industrial De- 
velopment Finance Authority and City Ordinance 

in accordance with the provisions of Article 

VI, Section 2(h)(3) of the Baltimore City Charter 
(1964 Revision). 

Whereas, Article 41, Section 266J to 266CC, inclu- 
sive, of the Annotated Code of Maryland (1971 Replace- 
ment Volume and 1972 Supplement) which created ^nd 
amended the Maryland Industrial Development Financ- 



388 ORDINANCES Ord. No. 594 

ing Authority, hereinafter called ''MIDFA," and vested 
in it certain powers and duties in connection with the pres- 
ervation and betterment of the economy of the State, 
authorizes any municipality of the State to borrow money 
without pledging its full faith and credit, and to execute 
a mortgage as security therefor, and use such money to 
defray the cost of acquiring any industrial project, in- 
cluding land, buildings and equipment, either by pur- 
chase or construction, after the .adoption of an ordinance 
by the legislature of the municipality to do so; and 

Whereas, the money appropriated herein represents 
the proceeds of an Industrial Development Loan fully 
guaranteed by the Maryland Industrial Development 
Financing Authority ; and 

Whereas, Ordinance — 1974 provides a sum 

of money not to exceed One Million Three Hundred and 
Forty-Eight Thousand Two Hundred Dollars (§1,348,200) 
for the acquisition and improvement of the property at 
6800 East Baltimore Street, Baltimore, Maryland; and 

Whereas, Ordinance — 1974 provides for the 

leasing of the aforementioned property to the Durrett- 
Sheppard Steel Company, Inc. to be used in connection 
with its business operations ; and 

Whereas, the Industrial Development Loan constitutes 
a material change in circumstances since the adoption 
of the 1973-1974 Ordinance of Estimates ; and 

Whereas, the supplementary special loan fund ap- 
propriation ordained herein has been recommended to 
the City Council by the Board of Estimates, said recom- 
mend.ation liaving been made at a regular meeting of 
said Board held on the 27th day of March, 1974, all in 
accordance with Article VI, Section 2(h)(3) of the 1964 
revised Charter of Baltimore City. 

Section 1. Be it ordained by the Mayor and City Coun- 
cil of BaWmore, That under the provisions of Article VI, 
Section 2(h)(3) of the 1964 revision of the Charter of 
Baltimore City, the sum. of One Million Three Hundred 
Forty-Eight Thousand Two Hundred Dollars ($1,348,- 
200) shall be made available to the Economic Develop- 



ORDINANCES 389 

ment Commission of the City of Baltimore as a supple- 
mentary special loan fund appropriation for the fiscal 
year ending June 30, 1974 for the purpose of acquiring 
^nd improving the property at 6800 East Baltimore 
Street, Baltimore, Maryland. The amount thus made 
available as a supplementary special loan fund appro- 
priation shall be expended from an Industrial Develop- 
ment loan and shall be the source of revenue for this 
supplementary special loan fund appropriation, as re- 
quired by Article VI, Section 2(h)(3) of the 1964 
revised Charter of Baltimore City. 

Sec. 2. And he it further ordained, That this ordinance 
sluill take effect from the date of its passage. 

Approved May 8, 1974. 

WILLIAM DONALD SCHAEFER, Mayor, 



No. 595 
(Council No. 1210) 

An Ordinance consenting to and approving a Petition, dated 
August 21, 1973, for the extension of the Metropolitan 
District of Baltimore County to a tract of land in the 
Second Election District, in the vicinity of Deer Park 
Road and Liberty Road and in accordance with the pro- 
visions of Chapter 539 of the Acts of the General As- 
sembly of Maryland 1924, as amended by Chapter 515 
of the Acts of 1955. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the petition, dated August 21, 1973 for 
the extension of the Second Election District of Baltimore 
County in the vicinity of Deer Park Road and Liberty 
Road, more particularly shovrn on a plat filed in the De- 
partment of Public Works of Baltimore County numbered 
73-0538, is in accordance with the authority granted by 
Chapter 539 of the Acts of the General Assembly of Mary- 



390 ORDINANCES Ord. No. 596 

land 1924, and amended by Chapter 515 of the Acts of 
1955 hereby consented to and approved. 

Sec. 2. And he it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved May 10, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 596 
(Council No. 1221) 

An Ordinance to condemn and open, all streets and alleys 
referred to among the Land Records of Baltimore City 
and lying within the area bounded by Saratoga Street, 
Schroeder Street, Lexington Street, and Carlton Street 
in accordance with a plat thereof numbered 319-A-15, 
prepared by the Surveys and Records Division and filed 
in the Office of the Department of Assessments, on the 
Thirtieth (30th) day of January, 1974, and now on file 
in said office. 

Section 1. Be it ordained by the Mayor and City Couiv- 
oil of Baltimore, That the Department of Assessments be, 
and they are hereby authorized and directed to condemn, 
open, all streets and alleys referred to among the Land 
Records of Baltimore City and lying within the area bounded 
by Saratoga Street, Schroeder Street, Lexington Street, 
and Carlton Street, the streets and alleys hereby directed 
to be condemned for said opening are numbered from one 
to fifteen and described as follows : 

1. An alley, 3 feet wide, laid out 70 feet south of Saratoga 
Street and extending from the east outline of the property 
known as #1119 Saratoga Street, Easterly 30 feet to the end 
thereof and designated as Parcel No. 1. 

2. A 2.75 foot alley, laid out 37.67 feet west of Arlington 
Avenue and extending from Saratoga Street, Southerly 130 
feet, more or less, to Born Court and designated as Parcel 
No. 2. 



ORDINANCES 391 

3. A 2.25 foot alley, laid out 24.5 feet west of Arlington 
Avenue and extending from Born Court, Northerly 23.58 
feet to the end thereof and designated as Parcel No. 3. 

4. An alley, 3 feet wide, laid out 57 feet east of Carlton 
Street and extending from Bom Court, Southerly 100 feet 
more or less, to Cloney Street and designated as Parcel No. 4. 

5. An alley, 3 feet wide, laid out 67 feet west of Arlington 
Avenue and extending from Born Court, Southerly 100 feet 
to Cloney Street and designated as Parcel No. 5. 

6. An alley, 3 feet wide, laid out 57 feet east of Carlton 
Street and extending from Cloney Street, Southerly 110 
feet, more or less, to a 5 foot alley, laid out 80 feet north 
of Lexington Street and designated as Parcel No. 6. 

7. An alley, 5 feet wide, laid out 80 feet north of Lexington 
Street and extending from Carlton Street, Easterly 60 feet 
to the end thereof and designated as Parcel No. 7. 

8. An alley, 10 feet wide, laid out 67 feet west of Arlington 
Avenue and extending from Cloney Street, Southerly 120 
feet, more or less, to a 10 foot alley, laid out 65 feet north 
of Lexington Street and designated as Parcel No. 8. 

9. An alley, 10 feet wide, laid out 65 feet north of Lexing- 
ton Street and extending from Arlington Avenue, Westerly 
77 feet, more or less, to the end thereof and designated as 
Parcel No. 9. 

10. An alley, 4 feet wide, laid out 82 feet north of Lexing- 
ton Street and extending from Arlington Avenue, Easterly 
113 feet, more or less, to the end thereof and designated as 
Parcel No. 10. 

11. An alley, 3 feet wide, laid out 70 feet north of Lexing- 
ton Street and extending from Schroeder Street, Westerly 
67 feet, more or less, to the end thereof and designated as 
Parcel No. 11. 

12. An alley, 3 feet wide, laid out 85.5 feet north of Lexing- 
ton Street and extending from Schroeder Street, Westerly 
88 feet, more or less, to the end thereof and designated as 
Parcel No. 12. 

13. Born Court, varying in width, and extending from 
Carlton Street, Easterly 161 feet, more or less, to Arlington 
Avenue and designated as Parcel No. 13. 



392 ORDINANCES Ord. No. 597 

14. Cloney Street, 20 feet wide, and extending from Carl- 
ton Street, Easterly 161 feet, more or less, to Arlington 
Avenue and designated as Parcel No. 14. 

15. Arlington Avenue, 66 feet wide, and extending from 
Lexington Street, Northerly 466 feet, more or less, to Sara- 
toga Street and designated as Parcel No. 15. 

The said streets and alleys as directed to be condemned 
being more particularly described and referred to among the 
Land Records of Baltimore City and delineated and particu- 
larly shown on a plat numbered 319-A-15 which was filed in 
the Office of the Department of Assessments on the Thirtieth 
day of January in the year 1974, and is now on file in the 
said Office. 

Sec. 2. And be it further ordained, That the proceedings 
of said Department of Assessments, with reference to the 
condemnation and opening of said streets and alleys and 
the proceedings and rights of all parties interested or 
affected thereby, shall be regulated by, and be in accordance 
with, any and all applicable provisions of Article 4 of the 
Code of Public Local Laws of Maryland and the Charter of 
Baltimore City (1964 Revision) and any and all amendments 
thereto, and any and all other Acts of the General Assembly 
of Maryland, and any and all ordinances of the Mayor and 
City Council of Baltimore, and any and all rules or regula- 
tions in effect which have been adopted by the Director of 
Assessments and filed with the Department of Legislative 
Reference. 

Sec. 3. And he it further ordained, That this ordinance 
shall take effect thirt>^ days from the date of its passage. 

Approved May 10, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 597 
(Council No. 1222) 

An Ordinance to condemn and close all streets and alleys 
referred to among the Land Records of Baltimore City 
and lying within the area bounded by Saratoga Street, 



ORDINANCES 893 

Schroeder Street, Lexington Street, and Carlton Street 
in accordance with a plat thereof numbered 319-A-15A, 
prepared by the Surveys and Records Division and filed 
in the Office of the Department of Assessments, on the 
Thirty-first (31st) day of January, 1974, and now on 
file in said office. 

Section 1. Be it ordained by the Mayor and City Coun- 
cil of Baltimore, That the Department of Assessments be, 
and they are hereby authorized and directed to condemn and 
close all streets ^nd alleys referred to among the Land 
Records of Baltimore City and lying within the area 
bounded by Saratoga Street, Schroeder Street, Lexington 
Street, and Carlton Street the streets and alleys hereby 
directed to be condemned for said closing are numbered 
from one to fifteen and described as follows: 

1. An alley, 3 feet wide, laid out 70 feet south of Saratoga 
Street and extending from the east outline of the property 
known as #1119 Saratoga Street, Easterly 30 feet to the 
end thereof and designated as Parcel No. 1. 

2. A 2.75 foot alley, laid out 37.67 feet west of Arlington 
Avenue and extending from Saratoga Street, Southerly 130 
feet, more or less, to Born Court and designated as Parcel 
No. 2. 

3. A 2.25 foot alley, laid out 24.5 feet west of Arlington 
Avenue and extending from Born Court, Northerly 23.58 
feet to the end thereof and designated as Parcel No. 3. 

4. An alley, 3 feet wide, laid out 57 feet east of Carlton 
Street and extending from Born Court, Southerly 100 feet, 
more or less, to Cloney Street and designated as Parcel No. 
4. 

5. An alley, 3 feet wide, laid out 67 feet west of Arlington 
Avenue and extending from Born Court, Southerly 100 feet 
to Cloney Street and designated as Parcel No. 5. 

6. An alley, 3 feet wide, laid out 57 feet east of Carlton 
Street and extending from Cloney Street, Southerly 110 feet, 
more or less, to a 5 foot alley, laid out 80 feet north of Lex- 
ington Street and designated as Parcel No. 6. 

7. An alley, 5 feet wide, laid out 80 feet north of Lexington 



894 ORDINANCES Ord. No. 597 

Street and extending from Carlton Street, Easterly 60 feet 
to the end thereof and designated as Parcel No. 7. 

8. An alley, 10 feet wide, laid out 67 feet west of Arlington 
Avenue and extending from Cloney Street, Southerly 120 
feet more or less, to a 10 foot alley, laid out 65 feet north of 
Lexington Street and designated as Parcel No. 8. 

9. An alley, 10 feet wide, laid out 65 feet north of Lexing- 
ton Street and extending from Arlington Avenue, Westerly 
77 feet, more or less, to the end thereof and designated as 
Parcel No. 9. 

10. An alley, 4 feet wide, laid out 82 feet north of Lexing- 
ton Street and extending from Arlington Avenue, Easterly 
113 feet, more or less, to the end thereof and designated as 
Parcel No. 10. 

11. An alley, 3 feet wide, laid out 70 feet north of Lexing- 
ton Street and extending from Schroeder Street, Westerly 
67 feet, more or less, to the end thereof and designated as 
Parcel No. 11. 

12. An alley, 3 feet wide, laid out 85.5 feet north of Lex- 
ington Street and extending from Schroeder Street, West- 
erly 83 feet, more or less, to the end thereof and designated 
as Parcel No. 12. 

13. Born Court, varying in width, and extending from 
Carlton Street, Easterly 161 feet, more or less, to Arlington 
Avenue and designated as Parcel No. 13. 

14. Cloney Street, 20 feet wide, and extending from Carl- 
ton Street, Easterly 161 feet, more or less, to Arlington 
Avenue and designated as Parcel No. 14. 

15. Arlington Avenue, 66 feet wide, and extending from 
Lexington Street, Northerly 466 feet, more or less, to 
Saratoga Street and designated as Parcel No. 15. 

The said streets and alleys as directed to be condemned 
being more particularly described and referred to among the 
Land Records of Baltimore City and delineated and particu- 
larly shown on a plat numbered 319-A-15A which was filed 
in the Office of the Department of Assessments on the 
Thirty-first (31st) day of January in the year 1974, and 
is now on file in said Office. 



ORDINANCES 395 

Sec. 2. And be it further ordained, That after said 
highway or highways shall have been closed under the provi- 
sions of this ordinance, all subsurface structures and 
appurtenances now owned by the Mayor and City Council 
of Baltimore, shall be and continue to be the property of the 
Mayor and City Council of Baltimore, in fee simple, until 
the use thereof shall be abandoned by the Mayor and City 
Council of Baltimore, and in the event that any person, firm 
or corporation shall desire to remove, alter or interfere 
therewith, such person, firm or corporation shall first obtain 
permission and permits therefor from the Mayor and City 
Council of Baltimore, and shall in the application for such 
permission and permits agree to pay all costs and charges of 
every kind and nature made necessary by such removal, 
alteration or interference. 

Sec. 3. A7id be it further ordained, That no buildings 
or structures of any kind shall be constructed or erected in 
said portion of said highway or highways after the same 
shall have been closed under the provisions of this Ordinance 
until the subsurface structures and appurtenances now 
owned by the Mayor and City Council of Baltimore, over 
which said buildings or structures are proposed to be con- 
structed or erected shall have been abandoned or shall have 
been removed and relaid in accordance with the specifica- 
tions and under the direction of the Director of Public 
Works of Baltimore City, and at the expense of the person 
or persons or body corporate desiring to erect such buildings 
or structures. Railroad tracks shall be taken to be "struc- 
tures" within the meaning of this section. 

Sec. 4. And be it further ordained, That after said high- 
way or highways shall have been closed under the provisions 
of this ordinance, all subsurface structures and appurte- 
nances o\\Tied by any person, firm or corporation, other than 
the Mayor and City Council of Baltimore, shall upon notice 
from the Director of Public Works of Baltimore City, be 
promptly removed by and at the expense of the said owners. 

Sec. 5. And be it further ordained, That on and after 
the closing of said highway or highways, the said Mayor 
and City Council of Baltimore, acting through its duly 
authorized representatives, shall, at all times, have access 



396 ORDINANCES Ord. No. 598 

to said property and to all subsurface structures and appur- 
tenances used by it therein, for the purposes of inspection, 
maintenance, repair, alteration, relocation and/or replace- 
ment, of any or all of said structures and appurtenances, 
and this without permission from or compensation to the 
owner or owners of said land. 

Sec. 6. And he it further ordained, That the proceedings 
of said Department of Assessments, with reference to the 
condemnation and closing of said streets and alleys and the 
proceedings and rights of all parties interested or affected 
thereby, shall be regulated by, and be in accordance with, 
any and all applicable provisions of Article 4 of the Code of 
Public Local Laws of Maryland and the Charter of Balti- 
more City (1964 Revision) and any and all amendments 
thereto, and any and all other Acts of the General Assembly 
of Maryland, and any and all ordinances of the Mayor and 
City Council of Baltimore, and any and all rules or regula- 
tions in effect which have been adopted by the Director of 
Assessments and filed with the Department of Legislative 
Reference. 

Sec. 7. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved May 10, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 598 
(Council No. 1243) 

An Ordinance to amend Sheet No. 30 of the Zoning Dis- 
trict Maps of Article 30 of the Baltimore City Code (1966 
Edition), title "Zoning," (Ordinance No. 1051, approved 
April 20, 1971) by changing from the B-2-1 Zoning Dis- 
trict to the B 4 1 B-3-1 Zoning District a portion of the 
property southwest from Sequoia Avenue, west of Park 
Circle and north of Druid Park Drive, known generally as 
2910-12 Druid Park Drive, as outlined in red on the 
AMENDED plats accompanying this ordinance. 



ORDINANCES 397 

Section 1. Beit ordained by the Mayor and City Council 
of Baltimore, That Sheet No. 30 of the Zoning District Maps 
of Article 30 of the Baltimore City Code (1966 Edition), 
title "Zoning," (Ordinance No. 1051, approved April 20, 
1971) be ^nd it is hereby amended by changing from the 
B-2-1 Zoning District to the B 4 1 B-3-1 Zoning District a 
portion of the property southwest from Sequoia Avenue, 
west of Park Circle and north of Druid Park Drive, known 
generally as 2910-12 Druid Park Drive, as outlined in red 
on the AMENDED plats accompanying this ordinance. 

Sec. 2. And he it further ordained, That upon passage 
of this ordinance by the City Council, jas evidence of the 
authenticity of the plat which is a part hereof and in order 
to give notice to the departments which are administering 
the Zoning Ordinance, the President of the City Council 
shall sign the plat and, when the Mayor approves the ordi- 
nance, he shall sign the plat. The City Treasurer shall 
then transmit a copy of the ordinance and one of the plats 
to the following: the Board of Municipal and Zoning Ap- 
peals, the Planning Commission, the Commissioner of the 
Department of Housing and Community Development and 
the Zoning Administrator. 

Sec. 3. And he it further ordained. That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved May 10, 1974. 

WILLIAM DONALD SCHAEFER, Mayor, 



No. 599 
(Council No. 1264) 

An Ordinance to renew permission and authority to the 
Lexington Market Authority, its successors and assigns, 
to continue to maintain and operate an existing under- 
ground vehicular and pedestrian tunnel and sei*vice drive 
in and across the bed of Paca Street at the location des- 
ignated on the accompanying plat, as heretofore granted 



398 ORDINANCES Ord. No. 599 

by Ordinance No. 805, approved July 12, 1949, and to 
repeal Ordinance No. 805, approved July 12, 1949. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That permission and authority be and the 
same are hereby granted to The Lexington Market Author- 
ity, its successors and assigns, to continue to maintain and 
operate at its own cost and expense, for a period not ex- 
ceeding twenty-five (25) years, an underground vehicular 
and pedestrian tunnel and service drive in and across the 
bed of Paca Street at the location designated on the accom- 
panying plat. 

Sec. 2. And he it further ordained. That said tunnel shall 
at all times hereafter be subject to the regulation of and 
control by the Commissioner, Department of Housing and 
Community Development. 

Sec. 3. And he it further ordained, That the said Author- 
ity, its successors and assigns, shall pay to the said Mayor 
and City Council of Baltimore, as compensation for the 
franchise or privilege hereby granted the sum of 

per year, payable in advance during the continuance 
of this franchise or privilege, or any renewal thereof; and 
subject to the increase or decrease of this charge as provided 
in Section 4 hereof. 

Sec. 4. And he it further ordained. That the Mayor and 
City Council of Baltimore hereby expressly reserves the 
right and power, at all times, to exercise, in the interest of 
the public, full municipal superintendence, regulation and 
control in respect to all matters connected with this grant 
and not inconsistent with the terms hereof. The franchise 
herein granted shall be held, exercised and enjoyed for a 
period of one year from the effective date of this ordinance, 
with the further right to the grantee to twenty-four (24) 
consecutive one (1) year renewals of the franchise, each 
such renewal to be for a period of one (1) year, upon the 
same terms and conditions as the original one year grant, 
except as otherwise provided herein. Each one year renewal 
period shall take effect immediately upon the expiration of 
the original or renewal term then in force, without any 
action being taken on behalf of either the Mayor and City 



ORDINANCES 399 

Council of Baltimore or the authority, but the total period 
of time during which the franchise shall operate, including 
the original term and all renewals thereof, shall not ex- 
ceed, in the aggregate twenty-five years. Provided, that the 
Mayor and City Council of Baltimore, acting by and through 
the Board of Estimates, may increase or decrease the 
franchise charge payable by the grantee under the provi- 
sions hereof, by giving written notice to that effect to the 
grantee at least one hundred and fifty (150) days prior to 
the expiration of the original one year term granted herein, 
or any yearly renewal term herein granted and then in 
effect; any such increase or decrease of said franchise charge 
to be operative as to all yearly renewal terms herein granted 
which become effective after any increase or decrease in 
said franchise charge has occurred. Provided, further, that 
either the Mayor and City Council of Baltimore, acting by 
and through the Director of Public Works, or the Authority 
may terminate the franchise granted herein, by giving writ- 
ten notice to that effect to the other, at least ninety (90) 
days prior to the expiration of the original one year term 
granted herein or any one year renewal term herein granted 
and then in effect. 

Sec. 5. And be it further ordained, That the said Author- 
ity, its successors and assigns, shall maintain the tunnel for 
which the franchise is herein granted in good condition 
throughout the full term of this grant and so long as said 
tunnel shall exist at the location described herein. 

Sec. 6. And be it further ordained, That non-compliance 
with any of the terms or conditions of the grant hereby 
made by the said Authority, its successors and assigns, at 
any time or times, shall, at the option of the Mayor and City 
Council of Baltimore, operate as a forfeiture of said grant, 
which shall thereupon be and become void, and that nothing 
other than an ordinance of the Mayor and City Council of 
Baltimore shall operate as a waiver of any forfeiture of the 
grant hereby made. 

Sec. 7. And be it further ordained, That the Mayor of 
Baltimore City shall have the right to revoke without prior 
notice, at any time or times, the rights and privileges hereby 
granted when, in its judgment, the public interest, welfare. 



400 ORDINANCES Ord. No. 599 

safety or convenience requires such revocation and, upon 
written notice to that effect from the Mayor of Baltimore 
served upon the grantee hereunder, its successors and as- 
signs, all rights under this ordinance shall cease and termi- 
nate. 

Sec. 8. And be it further ordained, That in the event of 
any revocation, forfeiture, or termination for any reason 
whatsoever of the rights and privileges by this ordinance 
granted, the said Authority, its successors and assigns, shall 
at their expense, remove the tunnel for which the franchise 
is herein gi-anted in a manner satisfactory to the Commis- 
sioner, Department of Housing and Community Develop- 
ment of Baltimore City and the Director of Public Works 
of Baltimore City, such removal to be made without any 
compensation to the Authority its successors and assigns, 
and to be completed within such time as shall be specified 
in writing by the Director of Public Works. 

Sec. 9. And be it further ordained, That the said Author- 
ity, its successors and assigns, shall be liable for and shall 
indemnify and save harmless the Mayor and City Council 
of Baltimore against any and all suits, losses, costs, claims, 
damages, or expenses to which the said Mayor and City 
Council of Baltimore may from time to time be subjected on 
account of, by reason of, or in any way resulting from: 

(a) The presence, construction, use, operation, mainte- 
nance, alteration, repair, location, relocation, or removal of 
the tunnel for which the franchise is herein granted; and 

(b) Any failure on the part of said Authority, its suc- 
cessors and assigns, to perform, promptly and properly, any 
of the duties or obligations imposed upon them by the terms 
and provisions of this ordinance. 

Sec. 10. A7id be it further ordained, That Ordinance No. 
805, approved July 12, 1949, be and the same is hereby 
repealed; provided, however, that no claims, damages, 
charges, and/or liabilities which have arisen, accrued, or 
become due under said Ordinance No. 805, approved July 12, 
1949, at any time or times prior to the effective date of this 
ordinance, shall be in any way affected by the enactment of 
this ordinance. 



ORDINANCES 401 

Sec. 11. And be it further ordained, That this ordinance 
shall take effect on July 12, 1974. 

Approved May 10, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 600 
^ (Council No. 1268) 

An Ordinance to add a new section to Article 1 of the Balti- 
more City Code (1966 Edition), title "Mayor, City Coun- 
cil, and Municipal Agencies," to be known as Section 90A, 
to follow immediately after Section 90 of said Article, 
and to be under the existing subtitle "Purchase of Food- 
stuffs," providing for the purchase of foodstuffs and 
related perishables without the requirement of perform- 
ance bond when the total amount of the contract does not 
exceed Forty Thousand ($40,000.00) Dollars. 

Section 1. Beit ordained by the Mayor and City Council 
of Baltimore, That a new section be and it is hereby added 
to Article 1 of the Baltimore City Code (1966 Edition), title 
"Mayor, City Council, and Municipal Agencies," to be known 
as Section 90A, to follow immediately after Section 90 of 
Article 1, to be under the existing subtitle "Purchase of 
Foodstuffs," and to read as follows : 

90A, 

It shall not be necessary for any bidder who has been 
awarded a contract to supply foodstuffs or related perish- 
ables to the City of Baltimore or any agency thereof to 
furnish a performance bond when the total amount of the 
contract does not exceed Forty Thousand ($W,000.00) 
Dollars. .■ j 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved May 10, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



402 ORDINANCES Ord. No. 602 

No. 601 
(Council No. 1272) 

An Ordinance to add new Sections 159 (96a) and 162 (17a) 
to Article 31 of the Baltimore City Code (1966 Edition), 
title "Transit and Traffic/' subtitle ''One-Way Streets," 
providing for one-way traffic southbound on Brooklyn 
Avenue from Pontiac Avenue to Sixth Street and one-way 
traffic northbound on Eighth Street from Sixth Street to 
Brooklyn Avenue. 

Section 1. Beit ordained hy the Mayor and City Council 
of Baltimore, That new Sections 159 (96a) and 162 (17a) be 
and they are hereby added to Article 31 of the Baltimore 
City Code (1966 Edition), title 'Transit and Traffic," sub- 
title "One Way Streets," to read as follows : 

159. 

(96a) Brooklyn Avenue, southerly, from Pontiac Ave- 
nue to Sixth Street. 

162. 

(17a) Eighth Street, northerly, from Sixth Street to 
Brooklyn Avenue. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved May 10, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 602 
(Council No. 1301) 

An Ordinance to add a new Section 234 (53a) to Article 
31 of the Baltimore City Code (1966 Edition), title 
"Transit and Traffic/' subtitle "Parking and Stopping," 
concerning reserved parking on the north side of 
Castle Street near Jefferson Street. 



ORDINANCES 403 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That a new Section 234 (53a) be and it is 
hereby added to Article 31 of the Baltimore City Code 
(1966 Edition), title "Transit and Traffic," subtitle 
"Parking and Stopping," to read as follows : 

234. 

(53a) Castle Street, easterly side, from a point 16 U 
feet north of Jefferson Street to a point 188 feet north 
of Jefferson Street, parking reserved for Walter Slugg, Jr, 

Sec. 2. And he it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved May 10, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 603 
(Council No. 1303) 

An Ordinance to repeal Sections 192 (a-7) and 205 (12a) 
of Article 31 of the Baltimore City Code (1966 Edition), 
title "Transit and Traffic," subtitle "Parking Meters," 
concerning parking meters on the lot bounded by Bath 
Street, Holliday Street, Centre Street and Guilford 
Avenue. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Sections 192(a-7) and 205(12a) of 
Article 31 of the Baltimore City Code (1966 Edition), title 
"Transit and Traffic," subtitle "Parking Meters," be and 
they are hereby repealed. 

192. 

[(a-7) Notwithstanding any charges set forth above, 
the special parking area known as the Bath Street Lot 
as set forth in Article 31, Section 205 (12a) shall be oper- 
ated so that the charge shall be five cents in United 
States coin, said five cents to cover the first one-half 



404 ORDINANCES Ord. No. 604 

hour or fraction thereof of legal parking; and for every 
additional one-half hour or fraction thereof an additional 
chjarge of five cents in United States coin shall be made; 
and a charge of twenty-five cents shall cover two and 
one-half hours of legal parking.] 

205. 

IK 12a) Bath Street Lot— That lot bounded by Bath 
Street on the south, Holliday Street on the east, Centre 
Street on the north, and Guilford Avenue on the west.] 

Sec. 2. And be it further ordained, Th^t this ordinance 
shall take effect from the date of its passage. 

Approved May 10, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 604 
(Council No. 1304) 

An Ordinance to add new Section 239 (162b) to Article 31 
of the Baltimore City Code (1966 Edition), title "Transit 
and Traffic," subtitle "Parking and Stopping," provid- 
ing reserved parking for medical personnel assigned 
to the Civic Center on Hopkins Place near Lombard 
Street. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That new Section 239 (162b) be and it is 
hereby added to Article 31 of the Baltimore City Code 
(1966 Edition), title "Transit and Traffic," subtitle 
"Parking and Stopping," to read as follows : 

239. 

(162b) Hopkins Place (West Drive), westerly side, 
from a point 267 feet north of Lombard Street to a 
paint 817 feet north of Lombard Street, parking reserved 
for medical personnel assigned to the Civic Center, 



ORDINANCES 406 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved May 10, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 605 
(Council No. 1307) 

An Ordinance providing for a supplementary special 
fund appropriation in the amount of Eleven Thousand 
One Hundred Fifty Dollars ($11,150) to the Depart- 
ment of Transit and Traffic, Bureau of Pl^ns and Sur- 
veys, to be used for the identification and study of 
highway accident locations in the City along v^ith rec- 
ommendations for remedial measures to reduce the 
incidence of accidents, in accordance with the provisions 
of Article VI, Section 2(h)(2) of the Baltimore City 
Charter (1964 Revision) . 

Whereas, the money appropriated herein represents 
a grant from a public source which could not be expected 
with reasonable certainty at the time of the formulation 
of the 1973-1974 Ordinance of Estimates ; and 

Whereas, the supplementary special fund appropria- 
tion ordained herein has been recommended to the City 
Council by the Board of Estimates, said recommendation 
having been made at a regular meeting of said Board 
held on the 3rd day of April, 1974, all in accordance with 
Article VI, Section 2(h)(2) of the 1964 revised Charter 
of Baltimore City. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, Sec- 
tion 2(h)(2) of the 1964 revision of the Charter of 
Baltimore City, the sum of Eleven Thousand One Hundred 
Fifty Dollars ($11,150.00) shall be made available to the 
Department of Transit and Traffic, Bureau of Plans and 



406 ORDINANCES Ord. No. 606 

Surveys of the City of Baltimore as a supplementary spe- 
cial fund appropriation for the fiscal year ending June 
30, 1974 for the purpose of identification and study of 
high-accident locations in the City Along with recommen- 
dations for remedial measures to reduce the incidence of 
accidents. The amount thus made available as a supple- 
mentary special fund appropriation shall be expended 
from a grant of funds to the Mayor and City Council of 
Baltimore by the Maryland Department of Transporta- 
tion, said sum being specifically allotted to the Mayor and 
City Council of Baltimore for the aforesaid purpose; and 
said funds from said Maryland Department of Transpor- 
tation shall be the source of revenue for this supple- 
mentary special fund appropriation, as required by Article 
VI, Section 2(h)(2) of the 1964 revised Charter of 
Baltimore City. 

Sec. 2. And he it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved May 10, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 606 
(Council No. 1309) 

An Ordinance to authorize the Mayor and City Council 
of Baltimore, pursuant to and in accordance with the 
Maryland Industrial Development Financing Author- 
ity Act to acquire the property ^t 601 North Point 
Road, Baltimore, Maryland, and lease same to Genimar, 
Inc.; to borrow a sum of money not to exceed Four 
Hundred Eleven Thousand, Four Hundred Dollars 
($411,400), and use the same to acquire and improve 
said property; and to borrow a sum of money not to 
exceed Three Hundred Twenty-seven Thousand Dol- 
lars ($327,000) and use the same to acquire and install 
machinery and equipment for lease to Genimar, Inc.; 
to execute the necessary legal documents to secure 



ORDINANCES 407 

said loans; and conferring and imposing upon the 
Baltimore City Economic Development Commission cer- 
tain powers and duties. 

Whereas, Article 1, Sections 49 through 55, of the 
Baltimore City Code (1966 Edition) created the Baltimore 
City Economic Development Commission, hereinafter 
called "Commission," and vested in it certain powers and 
duties to be exercised in connection with aiding the indus- 
trial growth of Baltimore City ; and 

Whereas, Article 41, Sections 266J to 266CC, inclusive, 
of the Annotated Code of Maryland (1971 Replacement 
Volume and 1973 Supplement) created and amended the 
Maryland Industrial Development Financing Authority, 
hereinafter called "MIDFA,'* and vested in it certain 
powers and duties in connection with the preservation and 
betterment of the economy of the State ; and 

Whereas, the aforementioned sections of said Article 
41 of the Annotated Code of Maryland, among other 
things, authorize any municipality of this State to borrow 
money without pledging its full faith ^nd credit, and to 
execute a mortgage as security therefor, and use such 
money to defray the cost of acquiring any industrial 
project, including land, buildings and equipment, either 
by purchase or construction, after the adoption of an 
ordinance by the legislative body of the municipality to 
do so ; and 

Whereas, Genimar, Inc., a corporation organized and 
existing under the laws of the State of Delaware, by its 
letter of intent dated March 1, 1974, addressed to the 
Mayor of Baltimore, hereinafter called "City,'* has re- 
quested aid and assistance from the City in connection 
with the acquisition, improvements and equipping of the 
property hereinafter designated in Baltimore City which 
is to be used by the aforesaid Company ; and 

Whereas, it has been determined that cooperation by 
the City in connection with the aforementioned under- 
taking will improve the economic condition of Baltimore 
City ; now, therefore, 



408 ORDINANCES Ord. No. 606 

SEcmoN 1. Be it ordccined by the Mayor and City Council 
of Baltimore, That: (a) pursuant to and in accordance 
with the terms and provisions of Sections 266J to 266CC 
of Article 41 of the Annotated Code of Maryland (1971 
Replacement Volume and 1973 Supplement), which 
created and amended MIDFA : 

(1) The City be and it is hereby authorized to ac- 
quire by negotiation and not by eminent domain the land 
and improvements located at 601 North Point Ro^d, 
Ward 26, Section 18, Block 6235A, Lots 2/2B, Baltimore, 
Maryland 21237. 

(2) The aforementioned property shall be acquired 
only for the purpose of leasing it to Genimar, Inc., to be 
used by it in connection with its business operations, upon 
such terms and conditions as may be mutually agreed 
upon by the City and said Company. 

(3) The City be and it is hereby fully authorized aiid 
empowered to borrow 3 sum of money not exceeding 
Four Hundred Eleven Thousand, Four Hundred Dollars 
($411,400) and to use the same for or in connection 
with the acquisition and improvements to the aforemen- 
tioned property, and to execute a mortgage on said prop- 
erty to secure the aforesaid loan; the term of said 
mortgage shall not exceed twenty-one (21) years, and 
the rate of interest to be paid by the City in connection 
with said loan shall not exceed six percent (6%) per 
annum. In the event that said interest is validly deter- 
mined for any reason not to be exempt to the lender 
from Federal or State of Maryland income t^x, the interest 
rate will automatically be increased to twelve (12) per- 
cent for the periods affected by such determination. 

(4) The City be and it is hereby fully authorized and 
empowered to borrow a sum of money not exceeding 
Three Hundred Twenty-Seven Thousand Dollars ($327,- 
000) and to use the same to acquire and install machinery 
and equipment in the aforementioned property, to be 
used by Genimar, Inc., in connection with its business 
operations and to execute such legal documents as may 
be necessary to secure the aforesaid loan; the time for 
repayment of such loan shall not exceed the norm^ 
useful life of said machinery and equipment, and in no 



ORDINANCES 409 

event shall exceed nine (9) years, whichever period of 
time is less, and the rate of interest to be paid in connec- 
tion with such loan shall not exceed six (6) percent per 
annum. In the event that s^id interest is validly deter- 
mined for any reason not to be exempt to the lender 
from Federal or State of Maryland income tax, the 
interest rate will automatically be increased to twelve 
(12) percent for the periods affected by such determi- 
nation. 

(b) The terms jand provisions of any and all legal 
instruments to he executed or entered into by the City 
in connection with the transaction authorized by this 
ordinance shall be subject to the approval of the Board 
of Estimates. 

Sec. 2. And be it further ordained, That the Commis- 
sion is hereby fully authorized and empowered for the 
purpose of this ordinance only : 

(a) To promote, make investigations, conduct prelim- 
inary negotiations, and do any and all other things 
necessary or proper to expedite the consummation of 
the transactions mentioned in this ordinance; all pur- 
suant and subject to the provisions of the Charter of 
Baltimore City. 

(b) After the transactions mentioned in this ordi- 
nance have been fully consummated, the Commission shall 
do any and all other things necessary, proper or expe- 
dient to Assure the full performance by Genimar, Inc., 
of any and all of the terms and provisions in any and all 
agreements entered into by the City and Genimar, Inc., 
all subject to the provisions of the Charter of Baltimore 
City. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved May 10, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



410 ORDINANCES Ord. No. 607 

No. 607 

(Council No. 1310) 

An Ordinance providing for a supplementary special loan 
fund appropriation in the amount of Seven Hundred 
Thirty-Eight Thousand Four Hundred Dollars ($738,- 
400) to the Baltimore City Economic Development Com- 
mission to be used for property acquisition and 
improvement under the Maryland Industrial Develop- 
ment Financing Authority and City Ordinance No , 

in accordance with the provisions of Article VI, Section 
2(h)(3) of the Baltimore City Charter (1964 Revision). 

Whereas, Article 41, Sections 266J and 266CC, inclu- 
sive, of the Annotated Code of Maryland (1971 Replace- 
ment Volume and 1972 Supplement) which created and 
amended the Maryland Industrial Development Financing 
Authority, hereinafter called **MIDFA/' and vested in it 
certain powers and duties in connection with the preser- 
vation and betterment of the economy of the State, 
authorizes any municipality of this state to borrow money 
without pledging its full faith and credit, and to execute 
a mortgage as security therefore, and use such money 
to defray the cost of acquiring any industrial project, 
including land, buildings and equipment, either by pur- 
chase or construction, after the adoption of an ordinance 
by the legislature of the municipality to do so ; and 

Whereas, the money appropriated herein represents 
the proceeds of an Industrial Development Loan fully 
guaranteed by the Maryland Industrial Financing Author- 
ity ; and 

Whereas, Ordinance No — 1974 provides a sum 

of money not to exceed Four Hundred Eleven Thousand 
Four Hundred Dollars (?411,400) for the acquisition and 
improvement of the property at 601 North Point Road, 
Baltimore, Maryland, and also provides a sum of money 
not to exceed Three Hundred Twenty-Seven Thousand 
Dollars ($327,000) for the acquisition and installation 
of equipment and machinery at said location ; and 

Whereas, Ordinance No — 1974, provides for the 

leasing of the aforementioned property to Genimar, Inc. 
to be used in connection with its business operations; and 



ORDINANCES 411 

Whereas, the Industrial Development Loan consti- 
tutes a material change in circumstances since the adop- 
tion of the 1973-1974 Ordinance of Estimates ; and 

Whereas, the supplementary special loan fund appro- 
priation ordained herein has been recommended to the 
City Council by the Board of Estimates, said recom- 
mendation having been made at a regular meeting of 
said Board held on the 3rd day of April, 1974, all in 
accordance with Article VI, Section 2(h)(3) of the 1964 
revised Charter of Baltimore City. 

Section 1. Beit ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2(h)(3) of the 1964 revision of the Charter of 
Baltimore City, the sum of Seven Hundred Thirty-Eight 
Thousand Four Hundred Dollars shall be made available 
to the Economic Development Commission of the City of 
Baltimore as ^ supplementary special loan fund appropria- 
tion for the fiscal year ending June 30, 1974 for the 
purpose of acquiring and improving the property at 601 
North Point Road, Baltimore, Maryland. The amount thus 
made available as a supplementary special loan fund 
appropriation shall be expended from an Industrial De- 
velopment Loan and shall be the source of revenue for this 
supplementary special loan fund appropriation, as re- 
quired by Article VI, Section 2(h)(3) of the 1964 revised 
Charter of Baltimore City. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved May 10, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 608 
(Council No. 1311) 

An Ordinance to repeal Section 215(6) of Article 31 of 
the Baltimore City Code (1966 Edition), title "Transit 
and Traffic,*' subtitle "Parking Meters," as ordained 
by Ordinance 156, approved July 5, 1972, ^nd ordain 
in lieu thereof new Section 215(6) ; and to repeal Sec- 



412 ORDINANCES Ord. No. 609 

tion 243(38) of the same article and title, subtitle 
"Parking and Stopping," as ordained by Ordinance 156, 
approved July 5, 1972, concerning parking and stop- 
ping and parking meters on Lexington Street. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Section 215(6) of Article 31 of the 
Baltimore City Code (1966 Edition), title "Transit and 
Traffic," subtitle "Parking Meters," as ordained by Ordi- 
nance 156, approved July 5, 1972, be and it is hereby 
repealed and new Section 215(6) be and it is hereby 
ordained in lieu thereof, to read as follows : 

215. 

[(6) Lexington Street, both sides, from Liberty 
Street to Pine Street.] 

(6) Lexington Street, both sides, from Pine Street 
to Howard Street. 

Sec. 2. And be it further ordained, That Section 243 
(38) of Article 31 of the Baltimore City Code (1966 
Edition), title "Transit and Traffic," subtitle "Parking and 
Stopping," as ordained by Ordinance 156, approved July 
5, 1972, be ^nd it is hereby repealed. 

243. 

[(38) Lexington Street, northerly side, from Greene 
Street to Howard Street, no stopping between the hours 
of 4 P.M. and 6 P.M.] 

Sec. 3. And be it further ordained. That this ordinance 
shall take effect from the date of its passage. 

Approved May 10, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 609 
(Council No. 956) 

An Ordinance authorizing the Mayor and City Council of 
Baltimore to sell at either public or private sale in 



ORDINANCES 413 

accordance with Article V Section 5(b) of the City 
Charter, all of the interest of the Mayor and City 
Council of Baltimore in and to those properties situate in 
Baltimore City known as Nos. i^OOy i504y 1526, 1535 
Argyle Avenue, 1021 W. Baltimore Street, 2311 Barclay 
Street, 1606 N. Bethel Street, 23 N. Bradford Street, 234, 
813, 1016, 1028, 1142, 1156, 1320 N. Carey Street, 12, 
36 S. Carey Street, 200 S. Chester Street, 705 Dolphin 
Street, 1821 Dover Street, 1407 E. Eager Street, 2038 
Edmondson Avenue, IOI21/9, 1105, 1125, 1207, 1209, 1223, 
1225, 1381, 1523, 1525, 1619 N. Gilmor Street, 1327, 2106, 
2617 Greenmount Avenue, 1012, 1618 Hollins Street, 1321 
Homewood Avenue, 301 E. Lanvale Street, 520 W. Lan- 
vale Street, 1107 W. Lexington Street, 1810 Madison 
Avenue, 1820 McHenry Street, 1504 Mosher Street, 907, 
917, 1803 W. Mulberry Street, 2119, 2221, 2243, 2703, 
2929 E. North Avenue, 2656 Pennsylvania Avenue, 1514 
W. Pratt Street, 829 Rutland Avenue, 1313 Scheeler 
Avenue, UUj i226y 4228^ iSS^ Sr Sha^^ Street, 202, 1107 
N. Strieker Street, 437, 441, 443 S. Strieker Street, 1014 
Vine Street, 1333 Ward Street, 815 Washington Boule- 
vard. Said property being no longer needed for public use. 

Section 1. Beit ordained by the Mayor and City Council 
of Baltimore, That the Comptroller of Baltimore City be 
and he is hereby authorized to sell at either public or private 
sale, in accordance with the provisions of Article V Section 
5(b) of the City Charter, all of the interest of the Mayor 
and City Council of Baltimore in and to those parcels of 
gi'ound situate in Baltimore City known as Nos. 1500, 1504, 
1526, 1535 Argyle Avenue, 1021 W. Baltimore Street, 2311 
Barclay Street, 1606 N. Bethel Street, 23 N. Bradford 
Street, 234, 813, 1016, 1028, 1142, 1156, 1320 N. Carey 
Street, 12, 36 S. Carey Street, 200 S. Chester Street, 705 
Dolphin Street, 1821 Dover Street, 1407 E. Eager Street, 
2038 Edmondson Avenue, IOI21/7, 1105, 1125, 1207, 1209, 
1223, 1225, 1381, 1523, 1525, 1619 N. Gilmor Street, 1327, 
2106, 2617 Greenmount Avenue, 1012, 1618 Hollins Street, 
1321 Homewood Avenue, 301 E. Lanvale Street, 520 W. 
Lanvale Street, 1107 W. Lexington Street, 1810 Madison 
Avenue, 1820 McHenry Street, 1504 Mosher Street, 907, 
917, 1803 W. Mulberry Street, 2119, 2221, 2243, 2703, 2929 
E. North Avenue, 2656 Pennsylvania Avenue, 1514 W. 



414 ORDINANCES Ord. No. 610 

Pratt Street, 829 Rutland Avenue, 1313 Scheeler Avenue, 

JL J. J. X , Xiijo&j xuiiJCTy XuoO o> ijnUi JJ o Lx UUO^ ^ U^, J. X U i XN • o i/ncivcr 

street, 437, 441, 443 S. Strieker Street, 1014 Vine Street, 
1333 Ward Street, 815 Washin^on Boulevard. Said prop- 
erty being no longer needed for public use. 

Sec. 2. Be it further ordained^ That no deed or deeds 
shall pass in accordance herewith until the same shall have 
been first approved by the City Solicitor. 

Sec. 3. And he it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved May 16, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 610 
(Council No. 959) 

An Ordinance providing for a supplementary general fund 
appropriation in the amount of ¥we Million Eight>'- 
Thousand Dollars ($2,080,000) ONE MILLION THREE 
HUNDRED NINETY TWO THOUSAND FOUR HUN- 
DRED SIXTY EIGHT DOLLARS ($1,392,468) to the 
Department of Education to be used for the Special Edu- 
cation Program in accordance with the provisions of 
Article VI, Section 2(h)(1) of the Baltimore City 
Charter (1964 Revision) . 

Whereas, the money appropriated herein represents 
revenues produced by the Department of Education in ex- 
cess of the revenues estimated and relied upon by the Board 
of Estimates in determining the tax levy required to bal- 
ance the budget for the 1974 fiscal year and are therefore 
available for appropriation to the Department of Education 
pursuant to the provisions of Article VI, Section 2(h) (1) 
of the Baltimore City Charter (1964 Revision) ; and 

Whereas, the supplementary general fund appropriation 
ordained herein has been recommended to the City Council 



ORDINANCES 415 

by the Board of Estimates, said recommendation having 
been made at a meeting of said Board held on the 5th day 
of July, 1973, all in accordance with Article VI, Section 
2(h)(1) of said Charter. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, Sec- 
tion 2 of the 1964 revision of the Charter of Baltimore City 
the sum of ¥we Million Eighty Thousand Dollars ($2,080> 
000> ONE MILLION THREE HUNDRED NINETY TWO 
THOUSAND FOUR HUNDRED SIXTY EIGHT DOL- 
LARS ($1,392,468) shall be made available to the Depart- 
ment of Education as a supplementary general fund appro- 
priation for the fiscal year ending June 30, 1974 for the 
purpose of the Special Education Program. The amount 
thus made available as a supplementary general fund appro- 
priation shall be expended from revenue derived from State 
Assistance for the Severely Handicapped in excess of the 
amount from this source which was estimated or relied upon 
by the Board of Estimates in determining the tax levy re- 
quired to balance the budget for the 1974 fiscal year; and 
said funds shall be the source of revenue for this supple- 
mentary general fund appropriation, as required by Article 
VI, Section 2 of the 1964 revised Charter of Baltimore City. 

Sec. 2. And he it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved May 16, 1974. 

WILLIAM DONALD SCHAEFER, May^r. 



No. 611 
(Council No. 986) 

An Ordinance to repeal and reordain, with amendments, 
Section 111(a) of Article 31 of the Baltimore City Code 
(1966 Edition), title 'Transit and Traffic," subtitle 
"Towing Vehicles," providing that a license is required 
to tow a disabled vehicle from any location within the 
City of Baltimore. 



416 ORDINANCES Ord. No. 612 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Section 111(a) of Article 31 of the 
Baltimore City Code (1966 Edition), title ^Transit and 
Traffic," subtitle *Towing Vehicles," be and it is hereby 
repealed and reordained with amendments to read as 
follows : 

111. Licenses 

(a) Required. It shall be unlawful for any person to 
engage in towing disabled vehicles from -E(or through) the 
streets of} ehny- etroot o^ location within the City of Bal- 
timore without having first obtained a license from the 
[City Treasurer to do so] Director of Finance as here- 
inafter provided, or to do so during the suspension or after 
the revocation thereof. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved May 16, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 612 

(Council No. 1164) 

An Ordinance to repeal and reordain, with amendments, 
Section 41(b) of Article 1 of the Baltimore City Code 
(1966 Edition), title "Mayor, City Council, Municipal 
Agencies," subtitle "Community Action Program," as 
last amended by Ordinance No. 258, approved October 
24, 1968, providing for the elimination of the prohibition 
of paid full time employees of any Federal, State or Munic- 
ipal department being members of the Community Action 
Commission. 

Section 1. Be it ordained by the Mayor and City Coun- 
cil of Baltimore, That Section 41(b) of Article 1 of the 
Baltimore City Code (1966 Edition), title "Mayor, City 
Council, Municipal Agencies," subtitle "Community Action 
Program," as last amended by Ordinance No. 258, approved 



ORDINANCES 417 

October 24, 1968, be and it is hereby repealed and reor- 
dained, with amendments, to read as follows: 

41. 

(b) Members. The Commission shall be composed of 
twenty-one (21) members, one (1) of whom shall be a 
member of the Board of School Commissioners designated 
by the Mayor to serve for a term of one year, and one of 
whom shall be a member of the City Council elected as 
hereinafter provided by the Citj^ Council to serve for a term 
of one year.^The remaining nineteen (19) members shall be 
appointed by the Mayor in the manner designated in Section 
6 of Article IV of the Baltimore City Charter (1964 Revi- 
sion). Ten of said remaining nineteen (19) members shall 
be members of the groups to be served by the Community 
Action Program and shall reside in the areas or neighbor- 
hoods in which the programs will be carried out. As to such 
ten (10) members, the Commission shall adopt a plan 
whereby the residents of the area to be served by the Com- 
munity Action Program shall recommend to the Commission 
candidates for such appointments, whereupon the Commis- 
sion shall submit such recommendations to the Mayor. 
[None of the members so appointed shall be paid full time 
employees of any Federal, State or Municipal department 
except that a paid full time employee of the Department 
of Education of the Mayor and City Council of Baltimore 
may be appointed as a member of the Commission.] 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved May 16, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 613 
(Council No. 1249) 

An Ordinance to condemn and open, certain streets and 
alleys lying within the area bounded by Greenmount 
Avenue, T^\'■enty-Fourth Street, Cokesbury Avenue and 



418 ORDINANCES Ord. No. 613 

Twenty-Third Street in accordance with a plat thereof 
numbered 319-A-21, prepared by the Surv^eys and Records 
Division and filed in the Office of the Department of 
Assessments, on the Twentieth (20th) day of February, 
1974, and now on file in said office. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Department of Assessments be, and 
they are hereby authorized and directed to condemn, open, 
certain streets and alleys lying within the area bounded 
by Greenmount Avenue, Twenty-Fourth Street, Cokesbury 
Avenue and Twenty-Third Street, the streets and alleys 
hereby directed to be condemned for said opening are num- 
bered from one to four and described as follows : 

1 — An alley, 5 feet wide, laid out 85 feet east of Green- 
mount Avenue and extending from Twenty-Fourth Street, 
Southerly 43 feet, more or less, to the end thereof and 
designated as Parcel No. 1. 

2 — A 3.5 foot alley beginning at a point on the southwest 
side of Boone Street at the distance of 40.54 feet south- 
easterly, measured along the southwest side of said Boone 
Street from Twenty-Fourth Street and extending south- 
westerly and w^esterly 89.5 feet, more or less, to a 5 foot 
alley laid out 85 feet east of Greenmount Avenue and desig- 
nated as Parcel No. 2. 

3 — A 10 foot alley beginning at a point on the northeast 
side of Boone Street at the distance of 165.35 feet south- 
easterly, measured along the northeast side of said Boone 
Street from Twenty-Fourth Street and extending north- 
easterly 49 feet, more or less, to an alley laid out in the 
rear of the properties known as #613 through and includ- 
ing #625 Cokesbury Avenue and designated as Parcel No. 3. 

4 — Boone Street, as now laid out, beginning at the point 
formed by the intersection of the southwest side of said 
Boone Street and the south side of Tw^enty-Fourth Street, 
66 feet wide, and running thence binding on the south side 
of said Tw^enty-Fourth Street, Easterly 43 feet, more or less, 
to intersect the northeast side of said Boone Street; thence 
binding on the northeast side of said Boone Street, South- 
easterly 295 feet, more or less, to intersect the northwest 
side of a 10 foot alley laid out 90 feet northwest of Twenty- 
Third Street; thence by a straight line, crossing said Boone 



ORDINANCES 419 

Street, Southwesterly 40 feet, more or less, to the point 
formed by the intersection of the southwest side of said 
Boone Street and the north side of a 10 foot alley, laid 
out 85 feet north of Twenty-Third Street, 50 feet wide, 
and thence binding on the southwest side of said Boone 
Street, Northwesterly 314 feet, more or less, to the place 
of beginning and designated as Parcel No. 4. 

The said streets and alleys as directed to be condemned 
being more particularly described and referred to among the 
Land Records of Baltimore City and delineated and particu- 
larly shown on a plat numbered 319-A-21 which was filed 
in the Office of the Department of Assessments on the 
Twentieth day of February in the year 1974, and is now on 
file in the said office. 

Sec. 2. And he it further ordained, That the proceedings 
of said Department of Assessments, with reference to the 
condemnation and opening of said streets and alleys and the 
proceedings and rights of all parties interested or affected 
thereby, shall be regulated by, and be in accordance with, 
any and all applicable provisions of Article 4 of the Code 
of Public Local Law^s of Maryland and the Charter of Balti- 
more City (1964 Revision) and any and all amendments 
thereto, and any and all other Acts of the General Assembly 
of Maryland, and any and all ordinances of the Mayor and 
City Council of Baltimore, and any and all rules or regula- 
tions in effec^which have been adopted by the Director of 
Assessments and filed with the Department of Legislative 
Reference. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved May 16, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 614 
(Council No. 1250) 

An Ordinance to condemn and close certain streets and 
alleys lying within the area bounded by Greenmount 



420 ORDINANCES Ord. No. 614 

Avenue, Twenty-Fourth Street, Cokesbury Avenue and 
Twenty-Third Street in accordance with a plat thereof 
numbered 319-A-21A, prepared by the Surveys and Rec- 
ords Division and filed in the Office of the Department of 
Assessments, on the Twenty-First (21st) day of Febru- 
ary, 1974, and now on file in said office. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Department of Assessments be, and 
they are hereby authorized and directed to condemn and 
close certain streets and alleys lying within the area bounded 
by Greenmount Avenue, Twenty-Fourth Street, Cokesbury 
Avenue, and Twenty-Third Street, the streets and alleys 
hereby directed to be condemned for said closing are num- 
bered from one to four and described as follows: 

1 — An alley, 5 feet wide, laid out 85 feet east of Green- 
mount Avenue and extending from Twenty-Fourth Street, 
Southerly 43 feet, more or less, to the end thereof and desig- 
nated as Parcel No. 1. 

2 — A 3.5 foot alley beginning at a point on the southwest 
side of Boone Street at the distance of 40.54 feet south- 
easterly, measured along the southwest side of said Boone 
Street from Twenty-Fourth Street and extending south- 
westerly and westerly 89.5 feet, more or less, to a 5 foot 
alley laid out 85 feet east of Greenmount Avenue and desig- 
nated as Parcel No. 2. 

3 — A 10 foot alley beginning at a point on the northeast 
side of Boone Street at the distance of 165.35 feet south- 
easterly, measured along the northeast side of said Boone 
Street from Twenty-Fourth Street and extending north- 
easterly 49 feet, more or less, to an alley laid out in the 
rear of the properties known as #613 through and includ- 
ing #625 Cokesbury Avenue and designated as Parcel No. 3. 

4 — Boone Street, as now laid out, beginning at the point 
formed by the intersection of the southwest side of said 
Boone Street and the south side of Twenty-Fourth Street, 
66 feet wide, and running thence binding on the south side 
of said Twenty-Fourth Street, Easterly 43 feet, more or 
less, to intersect the northeast side of said Boone Street; 
thence binding on the northeast side of said Boone Street, 
Southeasterly 295 feet, more or less, to intersect the north- 



ORDINANCES 421 

west side of a 10 foot alley laid out 90 feet northwest of 
Twenty-Third Street; thence by a straight line, crossing 
said Boone Street, Southwesterly 40 feet, more or less, to 
the point formed by the intersection of the southwest side 
said Boone Street and the north side of a 10 foot alley, laid 
out 85 feet north of Twenty-Third Street, 50 feet wide, and 
thence binding on the southwest side of said Boone Street, 
Northwesterly 314 feet, more or less, to the place of begin- 
ning and designated as Parcel No. 4. 

The said streets and alleys as directed to be condemned 
being more particularly described and referred to among 
the Land Records of Baltimore City and delineated and 
particularly shown on a plat numbered 319-A-21A which 
was filed in the Office of the Department of Assessments on 
the Twenty-First day of February in the year 1974, and 
is now on file in the said Office. 

Sec. 2. And be it further ordained, That after said high- 
way or highways shall have been closed under the provisions 
of this ordinance, all subsurface structures and appurte- 
nances now o^^Tled by the Mayor and City Council of Balti- 
more, shall be and continue to be the property of the Mayor 
and City Council of Baltimore, in fee simple, until the use 
thereof shall be abandoned by the Mayor and City Council 
of Baltimore, and in the event that any person, firm or cor- 
poration shall desire to remove, alter or interfere therewith, 
such person, firm or corporation shall first obtain permission 
and permits therefor from the Mayor and City Council of 
Baltimore, and shall in the application for such permission 
and permits agree to pay all costs and charges of every kind 
and nature made necessary by such removal, alteration or 
interference. 

Sec. 3. And be it further ordained, That no buildings or 
structures of any kind shall be constructed or erected in 
said portion of said highway or highways after the same 
shall have been closed under the provisions of this ordinance 
until the subsurface structures and appurtenances now 
owned by the Mayor and City Council of Baltimore, over 
which said buildings or structures are proposed to be con- 
structed or erected shall have been abandoned or shall have 
been removed and relaid in accordance with the specifica- 
tions and under the direction of the Director of Public 



422 ORDINANCES Ord. No. 614 

Works of Baltimore City, and at the expense of the person 
or persons or body corporate desiring to erect such build- 
ings or structures. Railroad tracks shall be taken to be 
"structures" within the meaning of this section. 

Sec. 4. And be it further ordained, That after said high- 
way or highways shall have been closed under the provisions 
of this ordinance, all subsurface structures and appurte- 
nances owned by any person, firm or corporation, other than 
the Mayor and City Council of Baltimore, shall upon notice 
from the Director of Public Works of Baltimore City, be 
promptly removed by and at the expense of the said owners. 

Sec. 5. And he it further ordained, That on and after the 
closing of said highway or highways, the said Mayor and 
City Council of Baltimore, acting through its duly author- 
ized representatives, shall, at all times, have access to said 
property and to all subsurface structures and appurtenances 
used by it therein, for the purposes of inspection, mainte- 
nance, repair, alteration, relocation and/or replacement, of 
any or all of said structures and appurtenances, and this 
without permission from or compensation to the owner or 
owners of said land. 

Sec. 6. And he it further ordained. That the proceedings 
of said Department of Assessments, with reference to the 
condemnation and closing of said streets and alleys and the 
proceedings and rights of all parties interested or affected 
thereby, shall be regulated by, and be in accordance with, 
any and all applicable provisions of Article 4 of the Code 
of Public Local Laws of Maryland and the Charter of Balti- 
more City (1964 Revision) and any and all amendments 
thereto, and any and all other Acts of the General Assembly 
of Maryland, and any and all ordinances of the Mayor and 
City Council of Baltimore, and any and all rules and regula- 
tions in effect which have been adopted by the Director of 
Assessments and filed with the Department of Legislative 
Reference. 

Sec. 7. And he it further ordained. That this ordinance 
shall take effect from the date of its passage. 

Approved May 16, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 423 

No. 615 
(Council No. 1308) 

An Ordinance providing for a supplementary speci^al fund 
appropriation in the amount of Forty Thousand Dol- 
lars ($40,000) to the Fire Department to be used for 
conducting certain inspections necessary to enforce 
standards adopted by the Maryland Commissioner of 
Labor and Industry that are applicable to occupational 
fire hazard and safety in accordance with the provi- 
sions of- Article VI, Section 2(h)(2) of the Baltimore 
City Charter (1964 Revision). 

Whereas, the money appropriated herein represents a 
grant from a public source which could not be expected 
with reasonable certainty at the time of the formulation 
of the 1973-1974 Ordinance of Estimates ; and 

Whereas, the supplementary special fund appropria- 
tion ordained herein has been recommended to the City 
Council by the Board of Estimates, said recommendation 
having been made at a regular meeting of said Board 
held on the 20th day of February, 1974, all in accord- 
ance with Article VI, Section 2(h) (2) of the 1964 revised 
Charter of Baltimore City. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2(h)(2) of the 1964 revision of the Charter of 
Baltimore City, the sum of Forty Thousand Dollars 
($40,000) shall be made available to the Fire Depart- 
ment of the City of Baltimore as a supplementary special 
fund appropriation for the fiscal year ending June 30, 
1974 for the purpose of conducting certain inspections 
necessary to enforce standards adopted by the Maryland 
Commissioner of Labor and Industry that are applicable 
to occupational fire hazard and safety. The amount thus 
made available as a supplementary special fund appro- 
priation shall be expended from a grant of funds to the 
Mayor and City Council of Baltimore by the Maryland De- 
partment of Public Safety and Correctional Services, said 
sum being specifically allotted to the Mayor and City 



424 ORDINANCES Ord. No. 616 

Council of Baltimore for the aforesaid purpose; and said 
funds from said Commissioner of Labor and Industry, 
Division of Labor And Industry, Department of Licensing 
and Regulation of the State of Maryland shall be the 
source of revenue for this supplementary special fund 
appropriation, as required by Article VI, Section 2(h)(2) 
of the 1964 revised Charter of Baltimore City. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved May 16, 1974. 

WILLIAM DONALD SCHAEFER, Ma^or. 



No. 616 
(Council No. 1316) 

An Ordinance to authorize the Mayor and City Council 
of Baltimore (pursuant to Chapter 393 of the Acts of 
the General Assembly of Maryland of 1974), to issue 
and sell its certificates of indebtedness to an amount 
not exceeding One Million Dollars ($1,000,000.00), the 
proceeds derived from the sale of the same to be used 
for the cost of issuance, including the expense of en- 
graving, printing, advertising, attorneys' fees, and all 
other incidental expenses connected therewith, and 
the remainder of such proceeds sh^ll be granted to 
Provident Hospital, Inc. to be used to meet certain nec- 
essary operating expenses of Provident Hospital, Inc. 
pursuant to a plan of reorganization approved by the 
Circuit Court of Baltimore City, subject to the require- 
ment that the State of Maryland provide equal and 
matching funds for this project and that Provident 
Hospital commence a good faith effort to raise addi- 
tional capital funds from a community fund-raising 
drive; to authorize the submission of this ordinance to 
the legal voters of the City of Baltimore, for their 
approval or disapproval, at the General Election to be 
held in Baltimore City on Tuesday, the 5th day of No- 
vember, 1974, and providing for the expenditure of the 



ORDINANCES 426 

proceeds of sale of said certificates of indebtedness in 
accordance with the provisions of the Charter of the 
Mayor and City Council of Baltimore, and by the munici- 
pal agency designated in the annual Ordinance of Esti- 
mates of the Mayor and City Council of Baltimore. 

Whereas, By Chapter 393 of the Acts of the General 
Assembly of Maryland of 1974, the Mayor and City Council 
of Baltimore is authorized to create a debt, and to issue 
and sell its certificates of indebtedness (hereinafter called 
"bonds") as evidence thereof, to an amount not exceeding 
One Million^ Dollars ($1,000,000.00) in the manner and 
upon the terms set forth in said Act, the net proceeds 
derived from the sale of said bonds, not exceeding the 
par value of said bonds, to be granted to Provident 
Hospital, Inc. to be used to meet certain necessary oper- 
ating expenses of Provident Hospital, Inc. as authorized 
by said Act ; and 

Whereas, Funds are now needed for said purpose; 
therefore 

Section l. Be it ordained by the Mayor and City Council 
of Baltimore, That the Mayor and City Council of Balti- 
more, acting by and through the Commissioners of Fi- 
nance of s^id municipality, be and it is hereby authorized 
and empowered to issue bonds of the Mayor and City 
Council of Baltimore, to an amount not exceeding One 
Million Dollars ($1,000,000.00), from time to time, as the 
same may be needed or required for the purposes here- 
inafter named and said bonds shall be sold by said Com- 
missioners of Finance from time to time and at such times 
as shall be requisite, and the proceeds derived from the 
sale of said bonds shall be used for the purposes herein- 
after named, provided thjat this ordinance shall not be- 
come effective unless it shall be approved by a majority 
of the votes of the legal voters of Baltimore City cast at 
the time and place hereinafter designated by this ordi- 
nance. 

Sec. 2. And he it further ordained, That said bonds 
shall be issued in denominations of not less than One 
Thousand Dollars ($1,000.00) each, but may be in sums 
of One Thousand Dollars ($1,000.00) or any suitable 



426 ORDINANCES Ord. No. 616 

multiple thereof, to be redeemable in Five (5) yearly 
series on the Fifteenth day of October in each of the 
years and in the amounts set forth in the following 
schedule : 

Each of the Years Amount in each of the Years 

1976 through 1980 $200,000 

both inclusive 

Said bonds, when issued, shall bear interest at such rate 
or rates as m^y be determined by a majority of the 
Commissioners of Finance by resolution at such time or 
times when any of said bonds are issued, the interest to 
be payable semi-annually on the Fifteenth day of April 
and the Fifteenth day of October in each year After 
issuance, during the respective periods that the series in 
which said bonds are issued may run. 

Sec. 3. And be it further ordained, That a majority 
of the Commissioners of Finance of the Mayor and City 
Council of B.altimore be, and they are hereby authorized 
to pass a resolution or resolutions, from time to time, to 
determine and set forth any or all of the following : 

(a) The form or forms of the bonds representing the 
debt, or any part thereof, authorized to be issued under 
the provisions of this ordinance at any particular time, 
including any interest coupons to be attached thereto; 
the provisions, if any, for the issuance of coupon bonds; 
the provisions, if any, for the issuance of fully registered 
bonds; the provisions, if any, for the registration as to 
principal of any coupon bonds ; and the provisions, if any, 
for the conversion and reconversion into coupon bonds of 
any fully registered bonds or coupon bonds registered as 
to principal; the place or places for the payment of prin- 
cipal and interest of said bonds; and the date of said 
bonds issued at any particular time, and the right of 
redemption of said bonds by the City prior to maturity; 
and 

(b) The time, place, manner and medium of adver- 
tisement of the readiness of the Commissioners of Finance, 
acting for and on behalf of the Mayor and City Council of 
Baltimore, to receive bids for the purchase of the bonds 
authorized to be issued hereunder, or ^ny part thereof; 



ORDINANCES 427 

the form, terms and conditions of such bids; the time, 
place and manner of awarding bonds so bid for, including 
the right whenever any of the bonds authorized by this 
ordinance are offered for sale and sold at the same time 
as other bonds of s,aid corporation, to establish the condi- 
tions for bids and awards and to award all of said bonds 
on an all or none basis; and the time, place, terms and 
manner of settlement for the bonds so bid for. 

Sec. 4. And be it further ordained, That: (a) All pre- 
miums resulting from the sale of any of the bonds issued 
and sold" pursuant to the provisions of this ordinance 
shall be applied first to defray the costs of issuance there- 
of and the balance, if any, shall be applied to the pay- 
ment of interest on .any of said bonds becoming due and 
payable during the fiscal year in which said bonds are 
issued and sold or during the next succeeding fiscal year. 

(b) The debt authorized by the provisions of this 
ordinance, and the bonds issued .and sold pursuant thereto 
and their transfer, and the principal and interest pay- 
able thereon (including any profit made in the sale 
thereof), shall be and remain exempt from any ^nd all 
State, county and municipal taxation in the State of 
Maryland. 

(c) All bonds issued and sold pursuant to the provi- 
sions of this ordinance shall be sold at public sale to the 
highest responsible bidder or bidders therefor after due 
notice of such sale, but the Mayor and City Council of 
Baltimore, acting by and through the Commissioners of 
Finance thereof, shall have the right to reject any or all 
bids therefor for any reason, and thereafter reoffer such 
bonds at public sale as aforesaid or at private s^le, pro- 
vided that if such bonds be offered at private sale they 
shall be offered for sale and sold for not less than par 
and accrued interest. 

Sec. 5. And be it further ordcvined, That until all of the 
interest on and principal of any bonds issued pursuant 
to the provisions of this ordinance have been paid in full, 
the Mayor and City Council of Baltimore shall levy and 
impose an annual tax on each One Hundred Dollars 
($100.00) of assessable property in the City of Baltimore 



428 ORDINANCES Ord. No. 616 

at a rate sufficient to produce revenue to pay all interest 
on and principal of all bonds theretofore issued and out- 
standing or authorized to be issued and outstanding, 
payable in the next succeeding year. 

Sec. 6. And be it further ordained, That this ordinance 
shall be submitted to the legal voters of the City of Bal- 
timore, for their approval or disapproval, ^t the General 
Election to be held in Baltimore City, on Tuesday, the 5th 
day of November, 1974. 

Sec. 7. And he it further ordained, That prior to the 
date of the election hereinbefore mentioned, notice shall 
be given to the public of the amount of money which the 
Mayor and City Council of Baltimore is authorized to bor- 
row, ;and the general purposes for which such borrowed 
funds may be expended, under the terms and provisions 
of this ordinance, and the time when the election herein- 
before mentioned is to be held; and such public notice 
shall be given in such a manner and by such means or 
through such media and at such time or times as may 
be determined, from time to time, by a raajority of the 
Commissioners of Finance. 

Sec. 8. And be it further ordained, That the actual cash 
proceeds derived from the sale of the bonds authorized 
to be issued under the provisions of this ordinance, not 
exceeding the par value thereof, shall be used exclusively 
for the following purposes, to wit : 

(a) So much thereof as may be necessary, in addition 
to the premiums realized from the sale, if any, for the 
cost of issuance, including the expense of engraving, 
printing, advertising, attorneys' fees, and all other inci- 
dental expenses connected therewith ; and 

(b) The remainder of such proceeds shall be granted 
to Provident Hospital, Inc. to be used to meet necessary 
operating expenses of Provident Hospital, Inc. incurred 
on or after July 1, 1973, pursuant to a plan of reorgani- 
zation approved by the Circuit Court of Baltimore City. 

Sec. 9. And be it further ordained, That the pjayment 
of any funds under the provisions of this ordinance for 



ORDINANCES 429 

the purpose of assisting Provident Hospital, Inc. shall be 
contingent upon the provision of a sum of One Million 
Dollars ($1,000,000.00) as an equal and matching fund 
for this project from the State of Maryland, and the com- 
mencement of a good faith effort by Provident Hospital 
to raise additional capital funds from a community fund- 
raising drive. 

Sec. 10. And be it further ordained, That the expendi- 
ture of the proceeds derived from the s;ale of bonds 
authorized to be issued under the provisions of this ordi- 
nance shall be in accordance with the provisions of the 
Charter of the Mayor and City Council of Baltimore, and 
by the municipal agency designated in the annual Ordi- 
nance of Estinxates of the Mayor and City Council of 
Baltimore. 

Approved May 16, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 617 
(Council No. 1088) 

An Ordinance to condemn and open, Poppleton Street, 66 
feet wide, and extending from Pratt Street, Southerly 
330 feet, more or less, to McHenry Street in accordance 
with a plat thereof numbered 319-A-3, prepared by the 
Surveys and Records Division and filed in the Office of 
the Department of Assessments, on the Thirty-first (31st) 
day of October, 1973, and now on file in said office. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Department of Assessments be, and 
they are hereby authorized and directed to condemn, 
open, Poppleton Street, 66 feet wide, and extending from 
Pratt Street, Southerly 330 feet, more or less, to McHenry 
Street, the street hereby directed to be condemned for 
said opening being described as follows : 



430 ORDINANCES Ord. No. 617 

Beginning for the same at the point formed by the inter- 
section of the south side of Pratt Street, 66 feet wide, and 
the east side of Poppleton Street, 66 feet wide, and running 
thence binding on the east side of said Poppleton Street, 
Southerly 330 feet, more or less, to intersect the north side 
of McHenry Street, 66 feet wide; thence binding on the 
north side of said McHenry Street, Westerly 66 feet, more 
or less, to intersect the west side of said Poppleton Street; 
thence binding on the west side of said Poppleton Street, 
Northerly 330 feet, more or less, to intersect the aforesaid 
south side of Pratt Street and thence binding on the south 
side of said Pratt Street, Easterly 66 feet, more or less, to 
the place of beginning. 

The said Poppleton Street as directed to be condemned 
being more particularly described and referred to among 
the Land Records of Baltimore City and delineated and 
particularly shown on a plat numbered 319-A-3 which was 
filed in the Office of the Department of Assessments on the 
Thirty-first day of October in the year 1973, and is now 
on file in the said Oflfice. 

Sec. 2. And be it further ordained, That the proceedings 
of said Department of Assessments, with reference to the 
condemnation and opening of said Poppleton Street and 
the proceedings and rights of all parties interested or af- 
fected thereby, shall be regulated by, and be in accordance 
with, any and all applicable provisions of Article 4 of the 
Code of Public Local Laws of Maryland and the Charter 
of Baltimore City (1964 Revision) and any and all amend- 
ments thereto, and any and all other Acts of the General 
Assembly of Maryland, and any and all ordinances of the 
Mayor and City Council of Baltimore, and any and all rules 
or regulations in effect Vv^hich have been adopted by the 
Director of Assessments and filed with the Department of 
Legislative Reference. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved May 30, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 431 

No. 618 
(Council No. 1089) 

An Ordinance to condemn and close Poppleton Street, 66 
feet wide, and extending from Pratt Street, Southerly 
330 feet, more or less, to McHenry Street in accordance 
with a plat thereof numbered 319-A-3A, prepared by the 
Surveys and Records Division and filed in the Office of 
the Department of Assessments, on the First (1st) day 
of November, 1973, and now on file in said office. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Department of Assessments be, and 
they are hereby authorized and directed to condemn and 
close Poppleton Street, 66 feet wide, and extending from 
Pratt Street, Southerly 330 feet, more or less, to McHenry 
Street the street hereby directed to be condemned for said 
closing being described as follows : 

Beginning for the same at the point formed by the inter- 
section of the south side of Pratt Street, 66 feet wide, and 
the east side of Poppleton Street, 66 feet wide, and running 
thence binding on the east side of said Poppleton Street, 
Southerly 330 feet, more or less, to intersect the north side 
of McHenry Street, 66 feet wide; thence binding on the 
north side of said McHenry Street, Westerly 66 feet, more 
or less, to intersect the west side of said Poppleton Street; 
thence binding on the west side of said Poppleton Street, 
Northerly 330 feet, more or less, to intersect the aforesaid 
south side of Pratt Street and thence binding on the south 
side of said Pratt Street, Easterly 66 feet, more or less, to 
the place of beginning. 

The said Poppleton Street as directed to be condemned 
being more particularly described and referred to among the 
Land Records of Baltimore City and delineated and partic- 
ularly shown on a plat numbered 319-A-3A which was 
filed in the Office of the Department of Assessments on the 
First (1st) day of November in the year 1973, and is now 
on f\]e in the said Office. 

Sec. 2. And be it further ordained, That after said high- 
way or highways shall have been closed under the provi- 



432 ORDINANCES Ord. No. 618 

sions of this ordinance, all subsurface structures and ap- 
purtenances now owned by the Mayor and City Council of 
Baltimore, shall be and continue to be the property of the 
Mayor and City Council of Baltimore, in fee simple, until 
the use thereof shall be abandoned by the Mayor and City 
Council of Baltimore, and in the event that any person, firm 
or corporation shall desire to remove, alter or interfere 
therewith, such person, firm or corporation shall first obtain 
permission and permits therefor from the Mayor and City 
Council of Baltimore, and shall in the application for such 
permission and permits agree to pay all costs and charges 
of every kind and nature made necessary by such removal, 
alteration or interference. 

Sec. 8. Avfl be it further ordained. That no buildings or 
structures of any kind shall be constructed or erected in 
said portion of said highway or highways after the same 
shall have been closed under the provisions of this ordinance 
until the subsurface structures and appurtenances over 
which said buildings or structures are proposed to be con- 
structed or erected shall have been abandoned or shall have 
been removed and relaid in accordance with the specifica- 
tions and under the direction of the Director of Public 
Works of Baltimore City, and at the expense of the person 
or persons or body corporate desiring to erect such build- 
ings or structures. Railroad tracks shall be taken to be 
"structures" within the meaning of this section. 

Sec. 4. And be it further ordained. That on and after the 
closing of said highway or highways, the said Mayor and 
City Council of Baltimore, acting through its duly author- 
ized representatives, shall, at all times, have access to 
said property and to all subsurface structures and appur- 
tenances used by it therein, for the purposes of inspection, 
maintenance, repair, alteration, relocation and/or replace- 
ment, of any or all of said structures and appurtenances, 
and this without permission from or compensation to the 
owner or owners of said land. 

Sec. 5. And be it further ordained, That the proceedings 
of said Department of Assessments, with reference to the 
condemnation and closing of said Poppleton Street and the 
proceedings and rights of all parties interested or af- 



ORDINANCES 433 

fected thereby, shall be regulated by, and be in accordance 
with, any and all applicable provisions of Article 4 of the 
Code of Public Local Laws of Maryland and the Charter of 
Baltimore City (1964 Revision) and any and all amend- 
ments thereto, and any and all other Acts of the General 
Assembly of Maryland, and any and all ordinances of the 
Mayor and City Council of Baltimore, and any and all rules 
or regulations in effect which have been adopted by the 
Director of Assessments and filed with the Department of 
Legislative Reference. 

Sec. 6. ^nd be it further' ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved May 30, 1974. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 619 
(Council No. 1174) 

An Ordinance designating as a "Renewal Area", an area 
situate in Baltimore City, Maryland, known as the B & 
Railroad Museum Area" bounded generally by Lommon 
afi4 West Lombard Streets on the north, Parkin and 
Amity Streets on the east, Washington Boulevard, James 
Street, and Glyndon Avenue on the south, and Carey and 
Woodyear Streets on the east WEST; approving a Re- 
new^al Plan for the B & Railroad Museum Area; author- 
izing the acquisition by purchase or by condemnation by 
the Mayor and City Council of Baltimore for Urban Re- 
newal purposes for the fee simple interest or any lesser 
interest, in and to certain properties or portions thereof, 
together wuth the improvements thereon, situate in Balti- 
more City, Maryland, within the B & Railroad Museum 
Area; providing that in selling land in the B & Railroad 
Museum Area the Department of Housing and Community 
Development shall require that developers agree in writ- 
ing not to discriminate in the sale, lease, use or occupancy 
of the property developed by them against any person be- 
cause of race, creed, color or national origin; waiving 



434 ORDINANCES Ord. No. 619 

such requirements, if any, as to content or procedure 
for the preparation, adoption and approval of Renewal 
Plans as set forth in Ordinance No. 152, approved June 
28, 1968, which the Renewal Plan for the B & Railroad 
Museum Area may not meet; providing for the separa- 
bility of the various parts and applications of this ordi- 
nance ; providing that where the provisions of this ordi- 
nance shall conflict with any other ordinance, code or 
regulation, the provision which establishes the higher 
standard shall prevail; and providing for the effective 
date hereof. 

Whereas, the Planning Commission acting pursuant to 
powers vested by Section 23(a) of Article 13 of the Balti- 
more City Code (1966 Edition) as amended by Ordinance 
No. 152, approved June 28, 1968, has heretofore deter- 
mined that the B & Railroad Museum Area, as hereinbelow 
more particularly described aft4 ombracing approximately 
fifty eight aei^s, may be benefited through the exercise of 
those functions and powers of the City of Baltimore which 
are vested in the Department of Housing and Community 
Development by Ordinance No. 152, approved June 28, 1968, 
and has recommended to the City Council that an ordinance 
be passed to designate the B & Railroad Museum Area as 
3 "Renewal Area" ; and 

Whereas, under Ordinance No. 152, approved June 28, 
1968, the Department of Housing and (Community Develop- 
ment is authorized to prepare and administer Renewal Plans 
in Renewal Areas ; and 

Whereas, the Department of Housing and Community 
Development has prepared a Renewal Plan for the B & 
Railroad Museum Area, consisting of a cover page, a table of 
contents, oightoon -fi^ THIRTEEN (13) pages of text and 
three (3) exhibits; and 

Whereas, the Renewal Plan for the B & Railroad Mu- 
seum Area was approved by the Planning Commission of 
Baltimore City on December 13, 1973, with respect to its 
conformity as to the Master Plan ; the detailed location of 
any public improvements proposed in the Renewal Plan; 
its conformity to the rules and regulations for subdivisions ; 
and all zoning changes proposed in the Renewal Plan, and 



ORDINANCES 435 

the Renewal Pl^n was approved and recommended to the 
City Council by the Commissioner of the Department of 
Housing and Community Development on December 14, 
1973 ; now, therefore, 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That it is hereby found and determined that 
the Renewal Area known as the B & Railroad Museum 
Area, as hereinbelow more particularly described, may be 
benefited through the exercise of the functions and powers 
vested ein the Department of Housing and Community De- 
velopment. - 

Sec. 2. And he it further ordained, That the said B & 
Railroad Museum Area is more particularly described as 
follows : 

Beginning i^¥ the same at a point formed fey the inter 
sootion ef the northern right of way el MGHonr>^- Street aB4 
^le western right of way ef South Woodyoar Street; thonco 
running ifi aft easterly direction eft aft oxtondod straig ht 
lifte e# the northern right of way ef McHoniy Street^ 
orossing sai4 South Woodyoar Street aft4 binding eft the 
northern right of way fee el McHonry Street te the south 
oastornmoGt point el tet &^ block 265; thence running 
i» a northerly direction aft4 binding eft the eastern 
boundar>^^ el sai4 Let ^ te a point el intersection with the 
southern right of way fae el ^^ fi^st alloy; thonco running 

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way lifte el &ai4 fi^st alloy te a point el intersection with 
aft extended straight fee el the western right of way fee 

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crossing fe^ sai4 alley aft4 binding eft the wostorn right - 

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orosoing the fe^ iO' alloy south el West Pratt Street te 
a point el intersection with the northern right of way fee 
el sai4 iO' alloy ; thonco running ift a westerly direction aft4 
binding eft the northern right of wa^^ fee el sai4 W alloy 
te the southwostornmost point el tet ?7 Block 3^^ thonco 
running 4ft a northerly direction aft4 binding eft the wostorn 
boundary fee el sai4 tet ^ te a point el intersection with 
the southern right of way fee el West Pratt Street; thonco 
running ift aft easterly direction, binding eft the southern 
right of way fee el sai4 W es t Pratt Street te a point el 



436 ORDINANCES Ord. No. 619 

intorcQction wi^h afi oxtondod straight fee from the 
oastorn boundary'- el tet 4^ Block S4^ thonco running m a 
northerly di rection, crossing West Pratt Street, binding eft 
the eastern boundary ef said tet 40 te a point ef inter 
section with the northern boundary el said tet 4O7 t honco 
runnii^ in a westerly direction, binding eft the north side 

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Ufte el the eastern boundary el i>et ^ Block 24^ thenoo 
running ift a northerly direction crossing a iO' alloy aftd 
binding eft the eastern boundary el 6ai4 tet &9 te a point 
el intersection w4th the southern right of way fee el Lem 
flfi^eft Street, c ontinuing 4ft a straight iifte crossing said Lem 

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direction aft4 binding e» the northern right of way Iifte el 
Lemmon Street te a point el intersection with the western 
right of way iifte el South Carey Street, continuing ift a 
straight iifte crossing South Carey Street te a point el ift- 
tersection with the eastern right of - way iifte el Sout h Carey 
Street; thonco running ift a southerly direction aftd binding 
eft ^ie ea stern right of way iifte el South Carey Street te 
a point el intersection with tiie northern right of way iifte 
el fc ommon Street; t hence running ift aft easterly direction^ 

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te a point el intersection with ^=^ western right of way iifte 
el South Stocldon Street, continuin g ift a straight iifte 
crossi ng South Stockton Street te a point el intersection 
with ^^ western boundary iifte el Lrot 7^ Block 34^ 

W hence running ift a southerly direction a«d binding en 
the western boundary el sai4 tet ^ te a point el inter 
section with the northern right - of - way ii^ie el Lemmon 
Street ; thence running ift aft easterly direction aftd binding 
eft the northern right of way Ime el Lemmon Street te the 
southeasternmost point el said Let ^ continuing ift a 
straight iifte crossing a iO' ailey te a point el intersection 
with the western boundar>^ el Let 447 Block 24^ t hence 
running in a southerl}^ direction and binding eft the 
western boundar>^ el sai4 Let ^ te a point el intersection 
with the northern right of way iine el Lemmon Street; 
thence running in aft easterly direction and binding eft the 
northern right of way iifte el Lemmon Street te a point el 
intersection with the western right of way iine el South 

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VJUX X Uilt'V^ll XXV L^llUU, TSTTTTTTTTTTTTT^ XXI tX U UX Ull^lX \J ITTT^ ^TTT^ 



ORDINANCES 



437 



South Carrollton Avonuo te a point el intorsoGtion with the 
northwoGtornmost point el £>et ^ Block 2^ continuing 
i» a straig ht iifte aft4 running m aft oastorly dirootion bind - 

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torsoction with the wostorn boundary el i»et 3^ Bk)Gk 2^ 
thonoo running m a northerly direction and binding eft the 
western boundary el said £tet 2S te a point el intersection 
with the southern right of way iifte ^ a S' alley; thence 
running m aft easterly direction, binding eft the southern 
right of way iine el said S' alley te the northoasternmost 
point el tet ^ Block 3^ thence runnin g ift a southerly 
direction, binding en ^te eastern boundary el said tet 9^ te 
a point el intersection with the southeasternmost point el 
€bft 8^ alley ; thence running ift aft easterly direction binding 
eft the southern right of way iifte el said 8' alley te a point 
el intersection with the western right of way iifte el South 
Carlton Street; thence running ift a southerly direction, 

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line el the northern right of way iifte el Lemmon Street; 
thenee running ift aft easterly direction, cro s sing said South 
Carlton Street, binding en the northern j4 ght of way Iifte el 
said Lemmon S treet, continuing ift a straight iifte and ift a 
consecutive order — crossing a iO' alley, S outh Arlington 
Avenue, a i^' alley, aftd Mtr Clare Street te a point el i nter 
section with the eastern right of - way iine el MU Clare 
Street ; thence running in a southerly direction, binding e» 
y^e eastern right of way iifte el said Mt? Clare Street te a 

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6 8 /71, Block 2^4r7 t hence running ift aft easterly direction^ 
binding eft the southern boundar>^ el said Let 68/71 te its 
southernmost point ; thence running ift a northerl}^ direction, 
binding eft the eastern boundary el i^et 68/71 te a point el 
intersection with aft extended straight Iifte el the northern 

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Tlienco running m aft easterly direction crossin g aft alley 
aftd binding eft the northern right of - way iifte el Lr ommon 
Street te a point el intersection with the w e stern right of 
way line el South Schroeder St^eety continuing ift a straight 
hfte €tftd crossing said South Schroeder Street te a point el 
intersection with the eastern right of way iine el South Seh- 
roeder Street; thence running ift a northerly direction, bind - 

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438 ORDINANCES Ord. No. 619 

Stroot te a p^m% el intorGoction with the northern ¥4g ht of 
way ime of Lommon Sta^eet as lai4 o«t eft Block ^lat S^ 
thonco running m €tft easterly direction, binding e» the 
northern right of - way lifte ef said Lemmon Street te a point 
ef intersectioa with the southeastornmost point ef tet 8^ 
Block 3^ theftee running m a northerly direction bindin g 
eft the eastern b oundary, m consecutive order — Let S^ 
a 4' alley and Let 24^ Block 2^ te a point ef intersection 

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continuing ift a straight iiftey crossing said West Lombard 
Street te a p oi nt ei intersection with the northern right of 
way iifte ef saM West Lombard Street ; thence binding ift 
aft easterly direction binding eft the northern right of way 
fee ef said West Lombard Street, continuin g ift a straight 
iiftej et^o ssing South Poppleton Street, binding eft the north - 
e^pft right of way lifte ei West Lombard te a point el inter 
section with aftd extended straight line f*^ftft the western 
boundary el Let ^ Block 3^ thence runnin g ift a south 
e^ d irection, crossing West Lombard Street, binding eft 

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of way iifte ef a S' alloy te a point ef inters e ction with aft 
extended straight iifte ef the southern boundary el Let 9^ 
Bieek 25^ theftee running ift aft e asterly direction, crossing 
said S' alley, bi nding eft ^ie southern boundary ei said Let 
0^ te a peiftt ef intersection with the western right of way 
iifte e# C al lo n der Street ^ e rossin g said € allendar Street te 
a peiftt ef intersection with the southwesternmost point ef 
Let ^ Block S§^ thenc e running ift a ft ortherly direction 
binding eft the eastern right of way iifte ef said Callender 
Street te a point ef i nt e rs e cti o n with the southern right of 
way iifte ef Lemmon Str e et, continuing ift a straight iifte 
cros s ing said Lemmon Street te a peiftt el intersection with 
the north o^ft right of way iifte el Lommon Stroot ; thenc e 

X u 11 111 11^ Uii UCVCJI/VJI ij Viix v^^^uiv^ii, t7tttt:tttt^ kjii xttt^; TTTTT^rrvTinT a ^^x^ ^ 

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aft extended straight line ef the e astern ^ ight of way iifte ef 
Keiiy €ourt. Block 2^4rj thence runnin g ift a southerly direc 
tion, ei^essiftg said Lommon Sti^et te a point ef intersection 
with the southern right of way iine ef Lemmon Sti^eetj 
t hence running in a westerly direction, crossing Kolly Court 

IjU CC TytTTTTTJ VJ. lilUUX CjUV^UlLFll T^'TrOIX WTC IXl^X Ull^U>Ul/V^X 11111^_;UU J^l^XllU TTT 

T nf ^/~ "Rl nrl r 9.^ 4 • 



ORDINANCES 



439 



Thonoo running m a southorly diroction, binding oft tfee 
oastorn boundary ef sbM te4 % to a point ei intorsoction 
with tfee northern right of way Ime el Wost Pratt Stroot, 

/^<->-n'f-i-y>iTii^r»» 1 y-> o p-f T » o I frl 'Tf' l-j-no f» TT > r' ^j Tl fV c «•> •» <^ W7/^ci4- T3v»«-i ■<-■<- Q4-v/-t/-vf 
JSXTTTVTTTXXTTT^ TTT »X VJVX UXgXlU TTTTTT TTrrTCJtmTg^ DTTTTT T T \JCJU X X UlUU VJUX LJU U 

to a poiftt ef intorsoction with the southorn j4 ght of way 
iiee ef Wost Pratt Stroot; t honco running m a wostorly 
direction, binding eft the southern i4 ght of way lifte el West 

X X LV tl 1/ KToTTrtTvJ TT7 tT TpTTTTTTD TTT XllUl^l UV^<^UH^X1 *V Xl/Xl UXXIJ VJIXCJ UvJX It 1 XgiX U 

of way iifte el Parkin Street; thence running m a southerly 

UXX l^^^DiVJXXj TTTTtmiTg^ TTTT UXXV^ V^14,U U\^X IX XXgXXU l^X t J Li^ TTTTT3 UJ- CTCTTtt 

JP arkin Stj^eet te a point el i ntersection with aft extended 
straight like el the southern right of way lifte el McHenry 
Street ; t hence running m a w e sterly direction crossing sai4 
JP arkin S t r e et, b inding eft the southern right of way lifte el 

rut JA TV/r/^TJ"/->T>T»ir Q-4-T^/-t/^4- -f- p, o ■r^/-^^^■t^4- /-y-p TTrf «^t»<m.-h^4-i<^v-> tirr-i-<-V> 0.1a. ^5i_ 
OCCTTX XTXViX J.\JX1X J KyCTTTTTO TTC iCT JL'V-'XXXU WX XXXl-iL-X kJV^*^l/X»JXX TV X tlXX TXlT VJA 

tended straight lifte el the common property lifte el Lots 
22/23 aftd 2r4j Block 28St t h e nc e runnin g ift a se uthorly 4i- 
rection j bindi ftg eft sai4 extended straig ht lifte t hrough tet 
247 Block 28S aft4 crossing ^ke fi^st S' alloy te the north 
ea s ternmo st peiftt el sai4 tret 22/23; thence running ift a 

TTr<-ttM-<-<-\t-'1-t r /^- iypp-f-i <^-i^ V>iy>/^ infr <^>^ ^-V» r\ p ni Tf ^ <^t-»t^ •K-i/vlrt- /-\-p tttott 1-i-yxt 
TT l^Uf^^X XJ TXTTTCTTTTCmy MXXX\XXXX^ UiX TJlTCT UVJ JX UXXl^X XI XX^XXl/ *JX 1 1 t^^ TTTTTT 

el sai4 8' alley te a point el intersection with the eastern 
right of way lifte el South Poppleton Street ; thence running 
ift a southorly direction te a point el intersection with aft 
extended straight lifte el the northern boundary el laet 4^ 
Block 282-^ thence running ift a westerly dir e ction - , crossing 
sai4 Seftth Poppleton Street, binding ^ie northern boundary 

XTT ^ k-iv-/ i^ lUXXl^X XJ^ VI XXV^^TUXvXT CXXIVX TjTTTvTTTT^^ ^7TT UXX^T.' 

el tet 4S aft4 a portion el Let 4S te a point el in t er s e c 
tieft with aft extended straight lifte el the southern ^ght- 
of way lifte el the fe?st S' alley; thence running ift a westerly 
direction crossing a 4' alloy te the northeasternmost ^eiftt 
el tet 4^ Block 2§Sy thence running ift a westerly direc 
tiefty binding eft the southern right of - way lifte el sai4 S' 
alley, continuing ift a straight lifte te ^ie northwesternmost 
point el tet ^ Block S8^ t hence running ift a southerly 

fl 1 T*p ^^T" T i^ 1^ KM vi rl -I yi iir» /^yv -f-Vt /\ TTri^c<4-r\-v*y> V\i^n yi y1 o vtt /"v-p oo T /^ T r\'{- FC1 4-^ 
v*xx \^x^ wxv^lX^ Al^XlXVlXll^^ ^m VXXV' TT ^VJ w^X rX r^v-F LIXXVALXX ^ V/X Tj^VTvT T_3TTT? v JC T/v 

a point el intorsoction with the northern right of - way Ime 
el Ryan Street; thence running ift a wostorly direction, bind 
iftg eft the ftorthern j4 ght of way lifte el said Ryan Street te 
a point el intersection with aft extended straight lifte el the 
common property lifte el £>ets ^ aft4 44^ Block 38^ thence 



440 ORDINANCES Ord. No. 619 

running 4ft a southerly diroction crossing seM Ryan Stroot, 
binding eft &ai4 common property Imoj continuing m a 
straight Ime crossing Ramsay Street^ continuing eft sai4 
straig ht Ufte aftd binding eft the common property iifie el 
^aets 44 aftd ^ Block S4^ te a point el intersection w4th ^^ 
northern right of way iifte el the fest ^' alley; thence «ifi- 
ning ift aft easterly direction, bindin g eft the northern right - 
of way iifte el sai4 ^' alley, continuing ift a straight lifte te a 
point el i ntersection with the western boundaiy el I^et S^ 

Thonco «iftftiftg ift a southerly diroction, binding eft ^le 
western boundary el said ^^et SS te the commencing el a 
S' alley, binding eft the eastern right - of way iifte el sai4 S' 
alley, continuing ift a straight iifte crossing Clifford Street 
te a point el intersection with the southern right of way iifte 
el sai4 Clifford Street ; thence running ift a westerly direc - 
tion, binding eft the southern right of way iifte el Clifford 
Street te a point el intersection with the northeasternmost 
point el laet SOy Block 84^ thence running ift a southerly 
direction, binding eft the eastern boundar^^- el said fcet 20 
te a point el intersection with the northern right of - way iifte 
el Washington Boulevard ; thence running ift a westerly ^ 
rection, binding eft the northern right of way iifte el sai4 
Washington Boulevard te a point el intersection with the 
northeastern right of way iifte el West Cross Street; thonco 

Cross Street te a point el intersection with the easternmost 

direction, binding eft the southeastern boundary el said l=ret 
8? te its southernmost point; t hence runnin g ift a north 
westorl}^ direction, binding eft the common property iifte el 
Lets S7 aftd S8t Block 7^ te a point el intersection with 
the southeastern right of way iifte el the fe^ 40' alley; 
t honco running ift a southwesterly direction, binding eft the 
southeastern right of way iifte el said 40' alley te a point el 
intersection with aft extended straight iifte el the north - 
eastern boundar}^' el tet Sh Block ^^^O-j thence running ift 
a northwesterly direction crossing said 40' alloy ; binding eft 
the northeastern boundar}^ el sai4 tet S4 te a point el inter 
section with the southeastern right of way el Sargeant 
Street, continuing ift a straight iifte^ crossing sai4 Sargeant 

of way iifte el sai4 Sargeant Street; thence running a north - 






ORDINANCES 



441 



OX dCl-i gOUriu oDi UG U liO CT pOlilu OJ. ill uUicJUCJ Lion W lull till (3 t/cttjUUX 11~ 

most point e^ tet gy Block ^^^ thonco running Hi a north 
wostorly direction, binding e» the northoastorn boundary ef 
BsM tet 3 te a point el intorsoction with the se^the astorn 
right of way Ufie el a 4' alloy ; thonco runnin g m a south 
wostorly direction, binding efi the southeastern right of - way 

eastern boundar^^ ^ tet 4y Block ^^^9-j thence binding m a 
northwesterly direction^ binding e» the northeastern boun 
dary ef sa44 tet ^ te a point el intersection with the south ' 

r\rk c^-j^ v»>-^ ^^im*!^-^ r\-r xttott 1 1 y\i^ /-vt To T-yii^ci v!'^i-»r\i^^- • ■{-v\r\>y nr\ i^nyiy\ Tt-^ or* iH. 
dXD W^X 11 XlglXV^ ^X TTtXjT 1.111\J vJT CJ lAlllV^kJ VJ/ vX \^\^ V y UllV^ll^l^ X Ltlllllll^' TTT 

a southwesterly direction^ binding eft the southeastern right 
of way feie el said James Street te the northernmost point 
el laet ISOy Block ^14^ thence running m a southeasterly 4i- 
rootion, binding eft the northeastern boundary el said tet 

IQA fp> i fp p n p_f p r n m n <^ A- -nrn'rif' 

Xf^ V/ vv^ X wu ^'C^kjvv-^x xxxixvkjv jT^TXTTvj 

Thence running m a southwesterly direction, binding eft 
the southeastern boundaries el tets iSO aftd 129A, Block 
?^ te a point el intersection with the northeastern right - 
of wa3^ iifte el West Qstend Street; t henoe running ift a 
southeasterly direction, binding eft the northeastern right 

^VT TTTOTr It ir%r\ r\'r oo t /^ \X/ i^c*^ flc<4-rvy^/W Q!4-T-»i^i^4- 4-i^ o -fv rf'\ i -Kt 4- /%-p tj 
vX "" «-*^ XllTxl^ V7X rjCVl\X T t"x^U V KJ iJ\J\^li.\X k./ UX T^Vi v V" IT jT^TXTTD TTT Tj 

tieft with aft extended straight iifte from the se^ 
right of way iifte el the fe^ iO' alley; t hence running ift a 
southwesterly direction, crossing said West Ostend Street, 
binding eft the southeastern right - of - way iifte el said iO' 

oll/^TT 4-/^ r\ •y\y^-iT->4- r\-p i y^-t-r^T^ci/^^-f -ii^T-fc iTri4-ln o y\ r\y^4'rsin A r\A r«4-'fc*o t ni*ln4- 1 lyi^ 
UHXx-'^^ vv^ ^T jT^TTTTT? ^X XllU^X kJV^T.7VlVll ~F 1 vlT ITTT V^JV U\-/lldC/CC T7vXXX 1^ 1 Z V illlV- 

XTX7TTT Tirrr ii-^^i. uiiU'Ctuui^x ii jji-'vaihauiX J \ji. ±jKj V \jfjf xTTCTcnr i Tjts , nium^u 

running ift a northwesterly direction crossing said iO' alloy, 
binding eft the northeastern boundary el said tet §^ te a 
point el intersection with the southeastern right of way iifte 

AT To Ty>pc Q4- i»/->/^f- • 4-]^rxXX£i£X V ll T> 'P •* "''"^ i y> o n<~>-n4-T'> TTr/ici^-<~>-v»lTT /-I -i r»<^/T<--i/-vT-> 
'-'J- W CI<11H^U kJ UX \^ \_- U , T^rTCTTCT? rTTnTTTTTg" TTT CC U^J Li Uii f * t^ULl^J. Ijr TnTTSTTtnTTTTj 

binding eft the southeastern jpi ght - of - way iine el said James 
Street te a point el intersection with aft extended straight 
iifte from tiie southwestern right of way iifte el tiie fest iO' 
alley; thenee running ift a northwesterly direction, crossing 

c*o -1 /^ To w>/^o V:^>*/^i^4- Vvi i^i^ 1 vkoi* r\y> 4-V>i^ c«i^n4•l^^TTr/^r<4-rw»y^ vi ryV\4-_/^-r_TTTO tt 
sj^FXTT U L^XlX"k7 KJ7UX vTTJ vy TTTTTTCTTT^T TTTT VXXTL? UV/tTUXX TT \^U vV^X IX T'Tg'XXTJ "X TTr'TTjT 

iifte el said iO' aiiey aftd continuing ift a straig ht iifte te a 

'nfllTlf" A"F T>^4-rvvoi^x>-f -I rvy> TTri-fV^ 4-V\ /-^ ci z-v i-i- fVi r\o ci4-i^a-»-y\ -t^T or'Vi 4-_ i^-f _ -ttto tt lixi£\ 
^vXXXU VT J TXXVvTX Ov?\^vX\7XX iTT XT?IX VI Xw kJLf VX UiXv./CtCVUX IX XT.gXXl/ \/T THTTtX T TTTTT? 

el Gbmdon Avenue, continuing ift a straight iifte^ crossing 

WOP'f /^V»V< vinfTTf /-t-P TTTOTT 1-1 Y^/t i-\-p /^ 1 T T ■>-» /-^ <-\ T^ A TTi^T^ll/^ » ^-V> <->>-><-» <^ T«n T^ ft 1 >-> /-«• 

I • I^UUl^X 11 Xlglltl KJl. ^T IX J illlU TTT TSrrjrTTrtTTTT CTnTTTTTTTC, TTTTTtTCT? X Ullllllilg 



442 



ORDINANCES 



Ord. No. 619 



of w ay Ime ef Glyndon x\vonuQ to ^le southornmoGt point of 

r%/^T vrf r\-p 1 t^^■^-/^v»^M/-t/^■f^^^/-w^l^^ TTT-i'f V> 4- V>/-> n /-m T-f Vt r> r> (M-j-/-tv»y> ■v»inr'V>'f r\-P tttott 1 •!•>-> <-v 
]p^TTTTv ^X XlXUl^JL kj^^v^vxv^xA tt x vxj, vTTw U^ L4 UXXV^L^LJ UV^X IX X X^IXU KJJL tT tXV XXllU 

el the fij^ iO' alloy ; t honco running m a southwostorly diroG ■ 
tion, bindin g eft tiie Gouthoastorn right of ' way toe e^ sa44 
40' alloy te a point el intorsoction with ^le northoastorn 
right of way iifte el Se«th Caroy Stroot, e ontinuing m a 

el intorsoction with the southwostorn right of way line el 
Sout h Caroy Street j thonco runnin g m a northwostorly diroo 

4-i/Nv\ VvT y\r1 1 Kiry r\w -4-1% rv c^rMTJ-V^TTrr^o'l-rw*-!^ t^i r^l»Vfc4•_r^-P tttott 1 ^^K\/^ r\-p C!r\Ti-fl% 
vT^my ^TTTTCrm^^ vTTT UXIV^ »^v^vi.vai. tt ^/kji^^X 11 X 1^1 If KJX fflX'f^ TTTx\7 \J±. 1^ ^ L«' UXT 

V-^IAX ^^7 P*— ' LfA O v./ V v^ ^* jT^TTTTU V7 J- TllUl^A kJV^V^ v'll-Fll T T X l/l X TTTTtr LIV7 LI UIX^IXCULJX XI 

right of way ime el Horkimor Stroot; continuing m a 
straight iine afid crossing said Horkimor Stroot and contin 
mig te hm4 e» the southwostorn right of way lifte el said 

PL-' L-F LI UX X V_-'L*X L*^ K^LX L^L^ vj CXL9 XL^XLl "LTU TTTT J_^XL^C^XV X xU>v T"TCT5T TTT TT TTv/X VXX 

westerly easterly direction, te a point el intersection with 
^kB western right of way ime el South Carey Street, as sew 
ia4d e«t ea Block Plat ?407 in a northerly - southerly direction; 

4-V^ r\y>i^rv T^i TVi tri 1^ ry i yi r\ -yi i^ t^'4-V% /\ -y* I tt rl i i^rf^i^-4-T r\'r% Vvi y\i^ lyt ry r^-w "4- V\ r\ TTrr\c*'4-_ 
TTTTwiTTT^ rXTTTiTTTT^j XXI CC XXvX UXIL^X X f LUXX L^^UXL^XXJ TCTTTTTTTTT^' TTTT UXXL^ f V K^U V 

r\t^Y\ •v*'inrVi4- /-\-p xiroTr lTy>r\ r\-p cto irl Q/mtHi j^ rt t^/ntt C?'4-^^r^r^4^ -frv ^-Vi i^ t-^i-vT*4-Vv 
"X"XT XT^XxL L/i WT IX JT XXXlv? v7X TjcTTCT V^LI LI UXX ^^ W»X ^^ |k_7 LfX L.^\^T7 T/L7 vIXV? XXL^X UXX 

ornmost point el tet ^ Block ^H^ thence running i» a 
southwesterly direction, binding en the southeastern boun 
dary el laot 4Ay Block ?40 te the southernmost point el iaet 
4A7 thence running in a westerly direction en an extended 
straigh t line from the southern right of way el the first S' 
alloy south el Ramsay Street, as laid e«t en Block Plat 54% 

"f r\ o T\rv-i T^-4- r\"P TT^4-r\i^c<i-ir>4-ir\y> TTri4-l^ o 1^ j^^\r^ r\'vy A ^A r«^-T*o -iryV^-J- 1-iyin £l*ZiXja 
UL7 iT l-TV-FXll U \7Xr TxXUL/X LJL/x-' LXL^XX V V X UX X U'XX L^-rti* vV-'XXLlV-^L* VJ UX CVX^XXv TTTT^ X X l^XXJ 

-fVip r>r\YyfcYy\r\y> •r\'v*r\-r\r\-i/*'\"Tr ^^t^r\ r\-p T v\-fc< ^ ny^/l fi« T ?1n pV 71 0* "fllOTlPO 
"XTV v^vXXXlXXLTTT JLFX\7lJL.;X vT XXllL./ T_TX I3vTl70 CT CvTTCT \J y X-^Xv^XL I -L LTy vxxv^XlL^V^ 

running in a northerly direction, crossing said S' alley, 
binding en the common property line el said laets & and % 

j-r\ o -r\rvi Y>4' r\-p lyi-frwtcii^y^-f-i /^^^^ Trr-i-f Va -f Vi n cir\n4-l^ r^^^'^yv y i ofV| -f-- f\T '^^^*^'^^ M "np 
\J\J C« ^T^TTTTw L7X XllUL/X'LSv/L/ LXL7XX TT X UXX UXXV^ Tj^XTDrX^TTT x. x^ x j. v v^ ▼ » *-*»7 *xxT^> 

el Ramsay St reet ; thence running in a westerly direction 
te a point el intersectio n with an extended straight line 
from the western ^ ght of - way line el Sout h Woodyoar 
Street ; thence running m a northerly direction, crossing 

ci <-> iz-J P OTV>c<OTr C!4-v»r^/^4- Vn -i i^ <■! -i ft rr <-vn 4-1^ /t TTr/->c«4-py«r^ T*1 f^ M '^ -/^-P- ttto tt Xlja^ 

onxvx j.x,ixii laixy kj ux l^i^ uj ^xii^xii^ wix tttttt ?t i^ui/V^x xi x a^xxi/ »jx fi Lt~ xinv 

the southern right of way line el McHonry Street, continu - 
ing m a straight line a»d crossing said McHenr>^ Street te 

4-Vi/'k yv/xTy%4' /v£ 
VII LI/ ^LFXXIU "X 



ORDINANCES 443 

BEGINNING FOR THE SAME AT THE INTERSEC- 
TION OF THE WEST SIDE OF SOUTH CAREY STREET 
AND THE NORTH SIDE OF WEST LOMBARD STREET; 
THENCE FROM SAID POINT OF BEGINNING AND 
BINDING ON THE NORTH SIDE OF WEST LOMBARD 
STREET EASTERLY TO INTERSECT THE WEST SIDE 
OF SCOTT STREET; THENCE BINDING ON THE 
WEST SIDE OF SCOTT STREET SOUTHERLY TO IN- 
TERSECT THE NORTHERN PROPERTY LINE OF 102 
SCOTT STREET; THENCE BINDING ON THE NORTH- 
ERN PROPERTY LINE OF 102 SCOTT STREET WEST- 
ERLY TO INTERSECT THE EASTERN PROPERTY 
LINE OF 841 WEST LOMBARD STREET; THENCE 
BINDING ON THE EASTERN PROPERTY LINE OF 
841 WEST LOMBARD STREET AND THE EXTENSION 
OF SAID PROPERTY LINE SOUTHERLY TO INTER- 
SECT THE SOUTH SIDE OF LEMMON STREET; 
THENCE BINDING ON THE SOUTH SIDE OF LEM- 
MON STREET WESTERLY TO INTERSECT THE EAST- 
ERN PROPERTY LINE OF 802-806 WEST PRATT 
STREET; THENCE BINDING ON THE EASTERN 
PROPERTY LINE OF 802-806 WEST PRATT STREET 
AND THE EXTENSION OF SAID PROPERTY LINE 
SOUTHERLY TO INTERSECT THE SOUTH SIDE OF 
WEST PRATT STREET; THENCE BINDING ON THE 
SOUTH SIDE OF WEST PRATT STREET WESTERLY 
TO INTERSECT THE EAST SIDE OF PARKIN 
STREET; THENCE BINDING ON THE EAST SIDE OF 
PARKIN STREET SOUTHERLY TO INTERSECT THE 
SOUTH SIDE OF MCHENRY STREET; THENCE BIND- 
ING ON THE SOUTH SIDE OF MCHENRY STREET 
WESTERLY TO INTERSECT THE WESTERN PROP- 
ERTY LINE OF 823 MCHENRY STREET; THENCE 
BINDING ON THE WESTERN PROPERTY LINE OF 
823 MCHENRY STREET AND THE EXTENSION OF 
SAID PROPERTY LINE SOUTHERLY, WESTERLY, 
AND SOUTHERLY AGAIN TO INTERSECT THE 
SOUTH SIDE OF RAMSAY STREET; THENCE BIND- 
ING ON THE SOUTH SIDE OF RAMSAY STREET 
EASTERLY TO INTERSECT THE EASTERN PROP- 
ERTY LINE OF 877 RAMSAY STREET; THENCE 
BINDING ON THE EASTERN PROPERTY LINE 
OF 877 RAMSAY STREET SOUTHERLY TO THE 



444 ORDINANCES Ord. No. 619 

POINT OF INTERSECTION OF THE NORTH SIDE 
OF CLIFFORD STREET AND THE EAST SIDE 
OF CALLENDER STREET; THENCE BINDING ON 
THE EAST SIDE OF CALLENDER STREET SOUTH- 
ERLY TO INTERSECT THE NORTH SIDE OF 
WASHINGTON BOULEVARD; THENCE BINDING ON 
THE NORTH SIDE OF WASHINGTON BOULEVARD 
WESTERLY TO INTERSECT THE WESTERN PROP- 
ERTY LINE OF 1100 WASHINGTON BOULEVARD; 

THENCE BINDING ON THE WESTERN PROPERTY 
LINE OF 1100 WASHINGTON BOULEVARD NORTH- 
ERLY TO INTERSECT THE SOUTH SIDE OF THE 
FIRST 10 FOOT ALLEY; THENCE BINDING ON THE 
SOUTH SIDE OF SAID 10 FOOT ALLEY WESTERLY 
TO INTERSECT THE EXTENSION OF THE WEST 
SIDE OF THE FIRST 5 FOOT ALLEY; THENCE BIND- 
ING ON THE WEST SIDE OF SAID 5 FOOT ALLEY 
AND THE EXTENSION OF THE WEST SIDE OF SAID 
5 FOOT ALLEY NORTHERLY TO INTERSECT THE 
NORTH SIDE OF SARGEANT STREET; THENCE BIND- 
ING ON THE NORTH SIDE OF SARGEANT STREET 
EASTERLY TO INTERSECT THE EASTERN PROP- 
ERTY LINE OF 1102 SARGEANT STREET; THENCE 
BINDING ON THE EASTERN PROPERTY LINE OF 
1102 SARGEANT STREET NORTHERLY TO INTER- 
SECT THE SOUTH SIDE OF THE FIRST 4 FOOT 
ALLEY; THENCE BINDING ON THE SOUTH SIDE 
OF SAID 4 FOOT ALLEY WESTERLY TO INTERSECT 
THE EASTERN PROPERTY LINE OF 1110 SARGEANT 
STREET; THENCE BINDING ON THE EASTERN 
PROPERTY LINE OF 1110 SARGEANT STREET 
NORTHERLY TO INTERSECT THE SOUTH SIDE OF 
JAMES STREET; THENCE BINDING ON THE SOUTH 
SIDE OF JAMES STREET WESTERLY TO INTER- 
SECT THE EASTERN PROPERTY LINE OF 1181-1183 
JAMES STREET; THENCE BINDING ON THE EAST- 
ERN PROPERTY LINE OF 1181-1183 JAMES STREET 
SOUTHERLY TO INTERSECT THE SOUTHERN PROP- 
ERTY LINE OF 1181-1183 JAMES STREET; THENCE 
BINDING ON THE SOUTHERN PROPERTY LINES OF 
1181-1183 JAMES STREET AND 1185 JAMES STREET 
WESTERLY TO INTERSECT THE EAST SIDE OF 
WEST OSTEND STREET; THENCE BINDING ON THE 



ORDINANCES 445 

EAST SIDE OF WEST OSTEND STREET SOUTHERLY 
TO INTERSECT THE EXTENSION OF THE SOUTH 
SIDE OF THE FIRST 10 FOOT ALLEY SOUTH OF 
JAMES STREET; THENCE CROSSING WEST OSTEND 
STREET ON THE EXTENSION OF THE SOUTH SIDE 
OF SAID 10 FOOT ALLEY AND BINDING ON THE 
SOUTH SIDE OF SAID 10 FOOT ALLEY WESTERLY 
TO INTERSECT THE EXTENSION OF THE WESTERN 
PROPERTY LINE OF 1201 JAMES STREET; THENCE 
BINDING ON THE EXTENSION OF AND THE WEST- 
ERN PROPERTY LINE OF 1201 JAMES STREET 
NORTHERLY TO INTERSECT THE SOUTH SIDE OF 
JAMES STETEET; THENCE BINDING ON THE SOUTH 
SIDE OF JAMES STREET WESTERLY TO INTERSECT 
THE EXTENSION OF THE WEST SIDE OF THE FIRST 
10 FOOT ALLEY WEST OF WEST OSTEND STREET; 

THENCE CROSSING JAMES STREET ON THE EX- 
TENSION OF THE WEST SIDE OF SAID 10 FOOT 
ALLEY AND BINDING ON THE WEST SIDE AND THE 
EXTENSION OF THE WEST SIDE OF SAID ALLEY 
NORTHERLY TO INTERSECT THE NORTH SIDE OF 
GLYNDON AVENUE; THENCE BINDING ON THE 
NORTH SIDE OF GLYNDON AVENUE EASTERLY TO 
INTERSECT THE WESTERN PROPERTY LINE OF 
1200 GLYNDON AVENUE; THENCE BINDING ON THE 
WESTERN PROPERTY LINE OF 1200 GLYNDON AVE- 
NUE NORTHERLY TO INTERSECT THE SOUTH SIDE 
OF THE FIRST 10 FOOT ALLEY; THENCE BINDING 
ON THE SOUTH SIDE OF SAID 10 FOOT ALLEY AND 
THE EXTENSION OF THE SOUTH SIDE OF SAID 
ALLEY WESTERLY TO INTERSECT THE WEST SIDE 
OF SOUTH CAREY STREET; THENCE BINDING ON 
THE WEST SIDE OF SOUTH CAREY STREET NORTH- 
WESTERLY AND NORTHERLY TO INTERSECT THE 
SOUTHERN PROPERTY LINE OF 1307 RAMSAY 
STREET; THENCE BINDING ON THE SOUTHERN 
PROPERTY LINE OF 1307 RAMSAY STREET SOUTH- 
ERLY AND WESTERLY TO INTERSECT THE SOUTH 
SIDE OF THE FIRST 3 FOOT ALLEY; THENCE BIND- 
ING ON THE SOUTH SIDE OF SAID 3 FOOT ALLEY 
WESTERLY TO INTERSECT THE EXTENSION OF 
THE WESTERN PROPERTY LINE OF 1325 RAMSAY 
STREET; THENCE BINDING ON THE EXTENSION 



446 ORDINANCES Ord. No. 619 

OF AND THE WESTERN PROPERTY LINE OF 1325 
RAMSAY STREET NORTHERLY TO INTERSECT THE 
SOUTH SIDE OF RAMSAY STREET; THENCE BIND- 
ING ON THE SOUTH SIDE OF RAMSAY STREET 
EASTERLY TO INTERSECT THE EXTENSION OF 
THE WEST SIDE OF SOUTH WOODYEAR STREET; 
THENCE BINDING ON THE EXTENSION OF AND 
THE WEST SIDE OF SOUTH WOODYEAR STREET 
NORTHERLY TO INTERSECT THE NORTH SIDE OF 
MCHENRY STREET; THENCE BINDING ON THE 
NORTH SIDE OF MCHENRY STREET EASTERLY TO 
INTERSECT THE WESTERN PROPERTY LINE OF 
1304 MCHENRY STREET; THENCE BINDING ON THE 
WESTERN PROPERTY LINE OF 1304 MCHENRY 
STREET NORTHERLY TO INTERSECT THE SOUTH 
SIDE OF THE FIRST 3 FOOT ALLEY; THENCE BIND- 
ING ON THE SOUTH SIDE OF SAID 3 FOOT ALLEY 
WESTERLY TO INTERSECT THE WEST SIDE OF THE 
FIRST 12 FOOT ALLEY; THENCE BINDING ON THE 
WEST SIDE AND THE EXTENSION OF THE WEST 
SIDE OF SAID 12 FOOT ALLEY NORTHERLY TO IN- 
TERSECT THE NORTH SIDE OF THE FIRST 10 FOOT 
ALLEY; THENCE BINDING ON THE NORTH SIDE OF 
SAID 10 FOOT ALLEY WESTERLY TO INTERSECT 
THE WESTERN PROPERTY LINE OF 1311 WEST 
PRATT STREET ; THENCE BINDING ON THE WEST- 
ERN PROPERTY LINE OF 1311 WEST PRATT STREET 
NORTHERLY TO INTERSECT THE SOUTH SIDE OF 
WEST PRATT STREET; THENCE BINDING ON THE 
SOUTH SIDE OF WEST PRATT STREET EASTERLY 
TO INTERSECT THE EXTENSION OF THE WEST 
SIDE OF THE SECOND 3 FOOT ALLEY WEST OF 
SOUTH CAREY STREET; THENCE BINDING ON THE 
EXTENSION OF AND THE WEST SIDE OF SAID 3 
FOOT ALLEY NORTHERLY TO INTERSECT THE 
NORTH SIDE OF LEMMON STREET ; THENCE BIND- 
ING ON THE NORTH SIDE OF LEMMON STREET 
EASTERLY TO INTERSECT THE WEST SIDE OF 
SOUTH CAREY STREET; THENCE BINDING ON THE 
WEST SIDE OF SOUTH CAREY STREET NORTHERLY 
TO THE POINT OF BEGINNING. 

Sec. 3. And be it further ordained, That the Renewal Plan 
for THE B & Railroad Museum Area, identified as "Urban 



ORDINANCES 447 

Renewal Plan, B & Railroad Museum Area," having been 
duly reviewed and considered, is hereby approved, and the 
Clerk of the City Council is hereby directed to file a copy of 
said Renewal Plan with the Department of Legislative Ref- 
erence as a permanent record and make the same available 
for public inspection and information. 

Sec. 4. And be it further ordained, That it is necessary 
to Acquire by purchase or by condemnation for Urban Re- 
newal purposes the fee simple interest, or any lesser interest, 
in and to the properties or portions thereof situate in Balti- 
more City, Maryland, and described as follows : 

141 South Poppleton Street 

A RECTANGULAR PORTION OF 829-889 WEST 
PRATT STREET BOUNDED BY THE SOUTHERN 
BOUNDARY OF 829-889 WEST PRATT STREET ON 
THE SOUTH, PARKIN STREET ON THE EAST, 
WEST PRATT STREET ON THE NORTH, AND A 
LINE 18 FEET FROM AND PARALLEL TO PARKIN 
STREET ON THE WEST. 

906-908 West Pratt Street 

TWO PORTIONS OF LOT 2, BLOCK 267, SECTION 2, 
WARD 21, DESCRIBED AS FOLLOWS: 

SOUTHERN PORTION— A RECTANGULAR STRIP 
BOUNDED BY MCHENRY STREET ON THE SOUTH, 
PARKIN STREET ON THE EAST, SOUTH POPPLE- 
TON STREET ON THE WEST, AND A LINE 18 FEET 
FROM AND PARALLEL TO MCHENRY STREET ON 
THE NORTH. 

EASTERN PORTION— A RECTANGULAR STRIP 
BOUNDED BY A LINE 18 FEET NORTH OF AND 
PARALLEL TO MCHENRY STREET ON THE SOUTH, 
PARKIN STREET ON THE EAST, THE NORTHERN 
BOUNDARY OF SAID LOT 2 ON THE NORTH, AND 
A LINE 18 FEET FROM AND PARALLEL TO 
PARKIN STREET ON THE WEST. 

Sec. 5. And be it further ordained, That it may be neces- 
sary to acquire by purchase or by condemnation for Urban 
Renewal purposes the fee simple interest or any lesser in- 



448 ORDINANCES Ord. No. 619 

terest in and to such of the remaining properties or por- 
tions thereof in the B & Railroad Museum Area not 
specifically designated for acquisition in Section 4 of this 
ordinance, as may be deemed necessary and proper by the 
Commissioner of the Department of Housing and Commu- 
nity Development to effect the proper implementation of the 
Project 

( 1 ) These properties may include: 

(a) Any property in areas designated for rehabilitation 
containing a non-salvable structure, i.e., a structure which 
in the opinion of the Commissioner of the Department of 
Housing and Community Development cannot be economi- 
cally rehabilitated. 

(b) Any property the owner of which is unable or un- 
willing to comply or conform to the codes and ordinances of 
Baltimore City within 12 months from the date of written 
notice of the required improvements, the Department of 
Housing and Community Development, ^fter due considera- 
tion that the property owner has failed to achieve substantial 
conformity with the codes and ordinances of Baltimore City, 
may acquire such property pursuant to the Eminent Do- 
main Law of this State as if the property had origin^ally been 
planned for acquisition after 90 days written notice to the 
owner. The Department of Housing and Community Devel- 
opment reserves the right to acquire any such non-complying 
property for a period of two (2) years from the date of 
said written 90 days notice by the Depjartment of Housing 
and Community Development. 

(2) Upon the acquisition of such properties, the Depart- 
ment of Housing and Community Development will either : 

(a) Rehabilitate the property in conformance with the 
codes and ordinances of Baltimore City and dispose of prop- 
erty at its fair value in accordance with applicable regula- 
tions. If sale cannot be consummated by the time rehabili- 
tation is accomplished, units may be rented ; or 

(b) Sell or lease the property at its fair value subject 
to rehabilitation in conformance with the codes and ordi- 
nances of Baltimore City ; or 

(c) Demolish the structure or structures thereon and 



ORDINANCES 449 

dispose of the land for redevelopment at its fair value for 
uses in accordance with this Plan. 

Sec. 6. And be it further ordained, That the Real Estate 
Acquisition Division of the Department of the Comptroller, 
or such persons and in such manner as the Board of Esti- 
mates, in the exercise of the power vested in it by Article 
V, Section 5, of the Baltimore City Charter, may hereafter 
from time to time designate, is or are authorized to acquire 
on behalf of the Mayor and City Council of Baltimore and 
for the purposes described in this ordinance the fee simple 
interest or any lesser interest in and to the properties 
or portions thereof hereinabove mentioned. If the s^id Real 
Estate Acquisition Division of the Department of the Comp- 
troller, or such person or persons and in such manner as the 
Board of Estimates, in the exercise of the power vested in 
it by Article V, Section 5, of the Baltimore City Charter, may 
hereafter from time to time designate, is or unable to agree 
with the ow^ner or owners on the purchase price for said 
properties or portions thereof, it or they shall forthwith 
notify the City Solicitor of Baltimore City who shall there- 
upon institute in the name of the Mayor and City Council 
of Baltimore the necessary legal proceedings to acquire by 
condemnation the fee simple interest or any lesser interest 
in and to said properties or portions thereof. 

Sec. 7. And be it further ordained, That in selling or other- 
wise disposing of property in the B & Railroad Museum 
Area, the Department of Housing and Community Develop- 
ment shall require that developers agree in writing not to 
discriminate in the sale, lease, use or occupancy of the prop- 
ei-ty developed by them against any person because of race, 
creed, color or national origin. 

Sec. 8. And be it further ordained, That in whatever re- 
spect, if any, the Renewal Plan approved hereby for the 
B & Railroad Museum Area may not meet the requirements 
as to the content of a Renewal Plan or the procedure for the 
preparation, adoption, and approval of Renewal Plans as 
provided in Ordinance No. 152, approved June 28, 1968, 
the said requirements are hereby waived and the Renewal 
Plan approved hereby is exempted therefrom. 



450 ORDINANCES Ord. No. 620 

Sec. 9. And be it further ordainedy That in the event it be 
judicially determined that any word, phrase, clause, sen- 
tence, paragraph, section or part in or of this ordinance or 
the application thereof to any person or circumstances is 
invalid, the remaining provisions and application of such pro- 
visions to other persons or circumstances shall not be af- 
fected thereby, the Mayor and City Council hereby declaring 
that they would have ordained the remaining provisions of 
this ordinance without the word, phrase, clause, sentence, 
paragraph, section or part or the application thereof so held 
invalid. 

Sec. 10. And be it further ordained, That in any case 
where a provision of this ordinance concerns the same sub- 
ject matter as an existing provision of ^ny zoning, building, 
electrical, plumbing, health, fire or safety ordinance or code 
or regulation, the applicable provisions concerned shall be 
construed so as to give effect to each ; provided, however, that 
if such provisions are found to be in irreconcilable conflict, 
the provision which establishes the higher standard for the 
promotion and protection of the public health and safety 
shall prevail. In any case where a provision of this ordinance 
is found to be in conflict with an existing provision of any 
other ordinance or code or regulation in force in the City 
of Baltimore which establishes a lower standard for the pro- 
motion and protection of the public health and safety, the 
provision of this ordinance shall prevail, and the other exist- 
ing provision of such other ordinance or code or regula- 
tion is hereby repealed to the extent that it may be found 
in conflict with this ordinance. 

Sec. 11. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved May 30, 1974. 

WILLIAM DONALD SCHAEFER, Mai^or, 



No. 620 
(Council No. 1325) 

An Ordinance authorizing and providing for the issuance 
by the Mayor and City Council of Baltimore of its reve- 



ORDINANCES 451 

nue bonds, designated ''City of Baltimore, %, Pol- 
lution Control Revenue Bonds (W. R. Grace & Co. Pro- 
ject), 1974 Series," in the aggregate principal amount 
of not exceeding $1,500,000 pursuant to the provisions 
of Sections 266A to 266-1, inclusive, of Article 41 of 
the Annotated Code of Maryland (1971 Replacement 
Volume and 1973 CumulMive Supplement) in order 
to loan the proceeds thereof to W. R. Grace & Co., a Con- 
necticut corporation, for the sole and exclusive purpose of 
financing the acquisition by such corporation of certain 
pollution control facilities in the City of Baltimore as pro- 
vided in- this Ordinance; making certain legislative find- 
ings among others, concerning the public benefit and 
purpose of such revenue bonds; providing that such reve- 
nue bonds (a) shall be payable solely and only from reve- 
nue derived from pajonents by such corporation to the 
City on the loan and (b) shall not ever constitute, within 
the meaning of any constitutional or charter provision or 
otherwise (i) an indebtedness of the Mayor and City 
Council of Baltimore or any other political subdivision or 
(ii) a charge against the general credit or taxing powers 
of such City ; prescribing the terms, conditions, security, 
form and tenor of such revenue bonds; authorizing 
the private sale of such revenue bonds; providing that 
certain matters pertaining to such revenue bonds, in- 
cluding (without limitation) interest rate, sinking fund 
requirements, redemption provisions, appointment of 
a trustee, form of official statement and bond purchase 
agreement, shall be determined at the time of such 
private sale by resolution of the Commissioners of 
Finance; providing for the authentication and delivery 
thereof; creating a construction fund and bond fund to 
be held by the trustee; providing for the investment of 
moneys held by the trustee; providing remedies for 
bondholders in the event of default; providing for the 
enactment of supplemental ordinances; and generally 
providing for and determining various matters in con- 
nection with the authorization, issuance, security, sale 
and payment of such revenue bonds. 

RECITALS 

By Chapter 352 of the Laws of Maryland of 1972, the 
General Assembly of Maryland repealed and re-enacted. 



462 ORDINANCES Ord. No. 620 

with amendments, Sections 266A to 266-1, inclusive, of 
Article 41, of the Annotated Code of Maryland (1971 
Replacement Volume and 1973 Cumulative Supplement) 
(the Act). The Act now empowers all the counties and 
municipalities of the State of Maryland to issue revenue 
bonds and to loan the proceeds of the sale of such reve- 
nue bonds to an industrial concern to finance the acquisi- 
tion by such industrial concern of pollution control fa- 
cilities. The Act declares it to be the legislative purpose 
to relieve conditions of unemployment in the State, to 
encourage the increase of industry and a balanced eco- 
nomy in the St^te, to assist in the retention of existing 
industry in the State through the control, reduction or 
abatement of pollution of the environment, to promote 
economic development, to protect natural resources and 
in this manner to promote the health, welfare and safety 
of the residents of each of the counties and municipalities 
of the State of Maryland. 

The Mayor and City Council of Baltimore (the City) has 
determined to issue and sell not exceeding $1,500,000 
principal amount of its "City of Baltimore %, Pollu- 
tion (Control Revenue Bonds (W. R. Grace & Co. Pro- 
ject), 1974 Series" (the Bonds) and to loan the proceeds 
of the Bonds to W. R. Grace & Co., a Connecticut corpora- 
tion (the Industry) and an industrial concern as men- 
tioned in the Act, on the terms and conditions set forth 
in the Loan Agreement (hereinafter defined) provided by 
this Ordinance, in order to finance the Industry's acquisi- 
tion of certain pollution control facilities (the Pollution 
Control Facilities) at the Industry's plant in the City of 
Baltimore, to control, reduce and abate pollution of the 
environment of the State of Maryland and of the City 
of Baltimore and thus protect natural resources, to en- 
courage economic development, and to protect the health, 
welfare and safety of the citizens of the State and the 
City of Baltimore. 

This Ordinance authorizes and consummates a trans- 
action which the Industry has proposed to the City in 
accordance with Section 266B(d) of the Act by a letter 
of intent dated January 18, 1974. 

Section 1. Be it ordained by the Mayor and City Council 



ORDINANCES 453 

of Baltimore, That, acting pursuant to the Act, it is hereby- 
found and determined, as follows : 

(1) The issuance of the Bonds by the City pursuant 
to the Act in order to loan the proceeds to the Industry 
for the sole and exclusive purpose of acquiring the Pollu- 
tion Control Facilities within the meaning of the Act will 
facilitate and expedite the acquisition, construction, in- 
stallation and equipping of the Pollution Control Facilities 
by the Industry. 

(2) The acquisition of the Pollution Control Facilities 
by the Industry and the financing thereof as provided 
in this Ordinance will (a) promote the declared legisla- 
tive purposes of the Act through furtherance of the 
control, reduction or abatement of pollution of the envi- 
ronment, and (b) facilit;ate compliance with the require- 
ments of Federal, State and local laws and regulations 
governing the control, reduction or abatement of pollu- 
tion of the environment, and thus will (i) sustain jobs 
and employment opportunities and aid in m,aintaining 
employment, thus relieving conditions of unemployment 
in the State of Maryland and in the City of Baltimore; 
(ii) encourage the increase of industry and a balanced 
economy in the State of Maryland and in the City of 
Baltimore; (iii) assist in the retention of existing industry 
in the State of Maryland and in the City of Baltimore; 
(iv) promote economic development; (v) protect natural 
resources; and (vi) promote the health, welfare and 
safety of the residents of the City of Baltimore, and of 
the State of Maryland. 

(3) In addition to authorizing the City itself to ac- 
quire the Pollution Control Facilities and either to lease or 
to sell the Pollution Control Facilities to the Industry, the 
Act, as an alternative procedure, also authorizes pollu- 
tion control financing to be accomplished in the form of a 
loan to the Industry. The loan form of transaction avoids 
indirect costs and burden on the City by not requiring any 
direct involvement by the City in the construction, owner- 
ship or administration of the Pollution Control Facilities ; 
it permits, however, ^ample controls to be imposed on the 
use of the revenue bond proceeds to insure that the pub- 
lic purposes of the Act and the revenue bonds are fully 



454 ORDINANCES Ord. No. 620 

accomplished. It is, therefore, in the best interests of 
the citizens of the City of Baltimore, Maryland, to finance 
the Pollution Control Facilities by a loan to the Industry. 
This Ordinance contemplates and authorizes a transac- 
tion in the form of a loan of the revenue bond proceeds 
by the City to the Industry, rather than a transaction 
in the form of a lease or sale of the Pollution Control 
Facilities. Accordingly, this Ordinance, together with the 
Loan Agreement authorized hereby, contains such provi- 
sions as the City deems appropriate to effect the financing 
of the Pollution Control Facilities by the loan form of 
transaction. 

(4) Neither the Bonds nor interest coupons issued 
under the authority of the Act constitute an indebtedness 
of the City or a charge against the general credit or tax- 
ing powers of the City within the meaning of any consti- 
tutional provision or provision of the City Charter or 
statutory limitation and shall never constitute or give rise 
to any pecuniary liability of the City. The principal 
amount of the Loan (hereinafter defined) and the pay- 
ments to be made by the Industry pursuant to the Loan 
Agreement authorized hereby will be paid directly to, and 
will be disbursed by, an independent Trustee appointed 
pursuant hereto; no such moneys will be commingled 
with the City's funds or will be subject to the absolute 
control of the City but only to such limited supervision 
and checks as are deemed necessary or desirable to in- 
sure that the Bond proceeds are used to accomplish the 
public purposes of the Act and this Ordinance. The trans- 
actions authorized hereby do not constitute any physical 
public betterment or improvement or the acquisition of 
property by the City ; the public purposes expressed in the 
Act are intended to be achieved by facilitating the acquisi- 
tion of the Pollution Control Facilities by the Industry. 

(5) The City will acquire no interest in the Pollution 
Control Facilities either on its own behalf or for the pur- 
pose of creating any security for the Bonds, which security 
shall be solely and exclusively the absolute, irrevocable, 
unconditional obligation of the Industry to make the pay- 
ments required by the Loan Agreement. Accordingly, this 
Ordinance definitely fixes and determines the amount of 
revenue derived from payments on the Loan which is 



ORDINANCES 455 

necessary to be set apart and applied to the payment of 
principal, interest or premium of the Bonds. 

(6) (;a) No part or portion of the Receipts and 
Revenues of the City from the Loan, as defined in this 
Ordinance, shall be set aside as a depreciation account 
(mentioned in the Act) since neither the City nor the 
Bondholders desire, or are creating, any interest in the 
Pollution Control Facilities and such a depreciation ac- 
count would (i) be inconsistent with the form of loan 
transaction, and (ii) place an unreasonable burden on 
the Industr-y so as to affect the feasibility of the transac- 
tion and thus frustrate the legislative purposes of the 
Act and (b) a covenant such as that permitted by Sec- 
tion 266G(c) of the Act is similarly inconsistent with the 
form of transaction authorized hereby in which neither 
the City nor the Bondholders obt^ain or retain an interest 
in the Pollution Control Facilities and is, therefore, a pro- 
cedure which is not contemplated by the Act in connec- 
tion with this transaction. 

Sec. 2. And be it further ordained, That the issuance, 
sale and delivery of not exceeding $1,500,000 aggregate 

principal amount of "City of Baltimore % Pollution 

Control Revenue Bonds (W. R. Grace & Co. Project), 
1974 Series", is hereby authorized subject to the provi- 
sions of this Ordinance, such Bonds to be solely and ex- 
clusively payable from, and secured by, the revenue 
derived from payments on the Loan to the Industry as 
provided herein. 

The Commissioners of Finance of the City are hereby 
authorized in conjunction with represent^ives of the In- 
dustry to cause an official statement to be prepared 
for distribution to prospective purchasers of the Bonds. 
Such official statement shall be presented to the Com- 
missioners of Finance for fin^l approval by resolution at 
the time the Commissioners of Finance act upon a resolu- 
tion or resolutions determining the matters required by 
this Ordinance to be determined prior to the sale of the 
Bonds. Nothing contained in this Ordinance shall be 
deemed to preclude the distribution prior to final approval 
by the Commissioners of Finance, of a preliminary official 
statement; provided that such preliminary official state- 



456 ORDINANCES Ord. No. 620 

ment shall be clearly marked to indicate that it is sub- 
ject to such final approval. 

It is hereby found and determined that the best in- 
terests of the City will be served by selling the Bonds at 
private sale, as authorized by the Act, upon terms and 
conditions approved by the Commissioners of Finance by 
resolution adopted prior to the sale of the Bonds. Such 
resolution shall authorize the Mayor to execute a bond 
purchase agreement with the purchasers of the Bonds. 
Such resolution, or supplementary resolutions adopted 
concurrently therewith, shall ^also prescribe (i) the ma- 
turities and the interest rate or rates to be borne by the 
Bonds, (ii) certain redemption provisions, if any, for the 
Bonds as provided in Section 3.01 of this Ordinance, (iii) 
the sinking fund requirements, if any, for the Bonds as 
provided in Section 3.02 of this Ordinance, and (iv) such 
other matters as may be required by this Ordinance or 
deemed .appropriate by the Commissioners of Finance. 

Sec. 3. And he it further ordained, That the Bonds and 
coupons are to be issued, authenticated and delivered, and 
all property subject to or to become subject to this Ordi- 
nance, including the Receipts and Revenues of the City 
from the Loan (as herein defined), is to be held and 
applied, upon and subject to the following covenants, 
conditions, uses and trusts; and the City, for itself and 
its successors, does hereby covenant and agree to and with 
the Trustee and its successors in the trust and with all 
those who sh^H, from time to time, hold the Bonds and 
coupons, or any of them, for the benefit of all such 
holders, as follows : 

ARTICLE I. 

DEFINITIONS 

The terms defined in this Article I shall, for all pur- 
poses of this Ordinance and of all ordinances or resolu- 
tions supplemental hereto now or hereafter entered into 
in accordance with the provisions hereof, have the mean- 
ings herein specified, unless the context clearly otherwise 
requires : 

"Act" shall mean Sections 266A to 266-1, inclusive, 
of Article 41 of the Annotated Code of Maryland (1971 



ORDINANCES 457 

Replacement Volume and 1973 Cumulative Supplement) 
and all future acts supplemental thereto or amendatory 
thereof. 

"Additional Bonds" means the Bonds of the City issued 
under Section 2.09 of this Ordinance. 

"Baltimore Plant" shall mean the Curtis Bay chemical 
plant located within the City of B^altimore and owned and 
operated by the Industry. 

"Bond" or "Bonds" means the Pollution Control Reve- 
nue Bonds of the City of all Series from time to time 
authenticated and delivered under this Ordinance. The 
"1974 Series" Bonds means the Bonds identified as such 
in Section 2.02 hereof. 

"Bond Fund" means the fund created in Section 5.02 
hereof. 

"Bondholder" or "Holder" or "Owner of the Bonds" 
means the bearer of any coupon Bond ^nd the registered 
owner of any Bond. 

"City" means Mayor and City Council of Baltimore, 
a body politic and corporate and a political subdivision 
of the State of Maryland, and its successors and assigns. 

"Commissioners of Finance" means that board of fi- 
nance known as the Commissioners of Finance of the City. 

"Construction Fund" means the fund created by Sec- 
tion 6.02 hereof. 

"Coupon" or "coupons" means any interest coupon or 
all the interest coupons, as the case m^y be, appertaining 
to the Bonds. 

The term "Default" or "Event of Default" means any 
of those defaults specified in and defined by Section 10.01 
hereof. 

"Extraordinary Services" and "Extraordinary Ex- 
penses" means all services rendered and all expenses 
incurred under the Ordinance other than Ordinary Serv- 
ices and Ordinary Expenses. 

"Industry" means W. R. Grace & Co., a Connecticut 
corporation, and its successors and assigns and any sur- 



458 ORDINANCES Ord. No. 620 

viving, resulting or transferee corporation as provided in 
Section 6.3 of the Loan Agreement. 

"Loan" means the loan to be made by the City to the 
Industry pursuant to the Loan Agreement of the pro- 
ceeds of the sale of the Bonds. 

"Loan Agreement" means the Loan Agreement to be 
executed prior to the issuance of the Bonds by and be- 
tween the City and the Industry, and any amendments 
or supplements thereto, and shall include the Note issued 
thereunder. 

"Mayor and City Council" means the governing body 
of the City and any successor body. 

"Note" means the note executed by the Industry 
in substantially the form provided in Exhibit B to the 
Loan Agreement, as required by Section 4.01 hereof. 

"Ordinance" means this Ordinance and any ordinance 
or resolution (or other action or instrument authorized 
by this Ordinance) supplemental hereto or amendatory 
hereof. 

"Ordinary Services" and "Ordinary Expenses" means 
those services normally rendered and those expenses 
normally incurred by a trustee under instruments similar 
to this Ordinance. 

"The term "Outstanding" or "Bonds Outstanding" 
means all Bonds which have been duly authenticated and 
delivered by the Trustee under this Ordinance, except: 

(a) Bonds theretofore cancelled by the Trustee or 
theretofore delivered to the Trustee for cancellation; 

(b) Bonds for the payment or redemption of which 
cash funds or securities, as provided in Section 9.01 
hereof shall have been theretofore deposited with the 
Trustee (whether upon or prior to the maturity or re- 
demption date of any such Bonds) ; provided that if 
such Bonds are to be redeemed prior to the maturity 
thereof, notice of such redemption shall have been given 
or arrangements satisfactory to the Trustee shall have 
been made therefor, or waiver of such notice satisfactory 
in form to the Trustee, shall have been filed with the 
Trustee ; and 



ORDINANCES 459 

(c) Bonds in lieu of which others have been authenti- 
cated under Section 2.07 hereof, unless proof satisfactory 
to the Trustee is presented to the Trustee that any such 
Bonds are held by bona fide purchasers as that term is 
defined in Subtitle 8 of Article 95B of the Annotated Code 
of Maryland (Maryland Uniform Commercial Code), 
^ amended, in which case the Bond or Bonds so replaced 
and the Bond or Bonds authenticated and delivered there- 
for shall be deemed outstanding. 

"Person" means natural persons, firms, associations, 
corporations and public bodies. 

"Pollution Control Facilities" means the facilities de- 
signed to collect, tre^t and dispose of the industrial ef- 
fluent originating at the Baltimore Plant, which are gen- 
erally described in Exhibit A to the Loan Agreement 
and which are "pollution control facilities" within the 
meaning of Section 103 (c) (4) (F) of the Internal Reve- 
nue Code of 1954, as amended. 

"Receipts and Revenues of the City from the Loan" 
me^ans all moneys payable by the Industry to the City 
under the Loan Agreement and all other revenues of the 
City attributable to the financing of the Pollution Control 
Facilities (except amounts paid by the Industry pursuant 
to Sections 6.5 and 8.4 of the Loan Agreement) . 

"Treasurer" means the Treasurer or Deputy Treas- 
urer of the City. 

"Trust Estate" means at any particular time all moneys 
which at such time are deposited or are required to be 
deposited with the Trustee or to be held in trust under 
any of the provisions of this Ordinance and all property 
which at such time is covered or intended to be covered 
by the claim of the Trustee under this Ordinance. 

"Trustee" means the trust company or banking cor- 
poration and its successor or successors as trustee here- 
under, designated prior to the issuance of the Bonds by 
resolution of the Commissioners of Finance. 



460 ORDINANCES Ord. No. 620 

ARTICLE II. 

DESCRIPTION, AUTHORIZATION, MANNER OF 
EXECUTION, AUTHENTICATION, REGISTRA- 
TION AND TRANSFER OF BONDS. 

SECTION 2.01. The City shall be obligated to pay the 
principal of, the interest on, and the redemption pre- 
mium (if any) on, the Bonds only out of the Receipts and 
Revenues of the City from the Loan pledged for the pay- 
ment thereof under this Ordinance, and not otherwise. 
The City may, at its option, pay the principal of, the inter- 
est on, And the redemption premium (if any) on, the 
Bonds out of any other moneys made available to the 
City for the payment thereof. All the Bonds to be issued 
hereunder shall be equally and ratably secured, to the 
extend provided in this Ordinance, by the Pledge of the 
Receipts and Revenues of the City from the Loan. 

SECTION 2.02, There is hereby created for issuance 
under this Ordinance a series of Bonds in the aggregate 
principal amount of not exceeding $1,500,000 each of which 

shall bear the descriptive title **City of Baltimore, %, 

Pollution Control Revenue Bond (W. R. Grace & Co. Pro- 
ject), 1974 Series." The Bonds shall be dated, shall be 
issued as coupon bonds in the denomination of $5,000 
each, registrable as to principal only, or as fully regis- 
tered bonds in the denomination of $5,000 or multiples 
thereof, shall mature, shall be numbered, shall bear such 
rate or rates of interest from their date until maturity 
or until the date fixed for redemption, all as provided in 
a resolution of the Commissioners of Finance adopted 
prior to the sale of the Bonds. Such interest shall be pay- 
able semi-annually, and the Bonds shall be subject to the 
right of prior redemption at the prices and dates set forth 
in said resolution of the Commissioners of Finance and 
upon the terms and conditions hereinafter set forth. 

The principal of, and interest on, and premium (if any) 
payable upon the redemption of, the Bonds shall be paid 
in any coin or currency of the United States of America 
which, at the respective times of payment, is legal tender 
for the payment of public and priv^e debts at the prin- 
cipal office of the Trustee or its successor in trust. 



ORDINANCES 461 

SECTION 2.03. The Bonds shall be executed on behalf 
of the City by the Mayor of the City and the corporate 
seal of the City or a facsimile thereof shall be impressed 
or reproduced thereon and attested by the Treasurer, 
provided that at least one of said signatures shall be a 
manual signature. The coupons attached to the coupon 
Bonds shall be executed by the facsimile of the official 
signature of the Treasurer and such facsimile shall have 
the same force and effect as if the Treasurer had man- 
ually signed each of the coupons. The Bonds, together 
with interest thereon, shall be limited obligations of the 
City payable from the Bond Fund and shall be a valid 
claim of the respective holders thereof only against Re- 
ceipts and Revenues of the City from the Lo^n and the 
Bond Fund, which are hereby pledged and assigned for 
the equal and ratable payment of the Bonds and the 
coupons and shall be used for no other purpose than to 
pay the principal of, premium, if any, ^nd interest on 
the Bonds, except as may be otherwise expressly au- 
thorized in this Ordinance. Neither the Bonds nor the 
coupons shall ever constitute an indebtedness or a charge 
against the general credit or taxing power of the City 
within the meaning of any state constitutional or charter 
provision or statutory limitation and shall never con- 
stitute nor give rise to a pecuniary liability of the City. 

In case any officer whose signature or facsimile signa- 
ture shall appear on the Bonds or coupons shall cease to 
be such officer before the delivery of such Bonds, such 
signature or such facsimile shall nevertheless be valid and 
sufficient for all purposes, the same as if he h,ad remained 
in office until delivery. 

SECTION 2.04. Only the holders of such of the Bonds as 
shall have endorsed thereon a certificate of authentica- 
tion substantially in the form hereinafter set forth duly 
executed by the Trustee shall be entitled to any right or 
benefit under this Ordinance. No Bond and no coupon ap- 
pertaining to any Bond shall be valid or obligatory for 
any purpose unless and until such certificate of authenti- 
cation shall have been duly executed by the Trustee, and 
such executed certificate of the Trustee upon any such 
Bond shjall be conclusive evidence that such Bond has been 



462 ORDINANCES Ord. No. 620 

authenticated and delivered under this Ordinance. The 
Trustee's certificate of authentication on any Bond shall 
be deemed to have been executed by it if signed by an 
authorized signature of the Trustee, but it shall not be 
necessary that the same person sign the certificate of 
authentication on all of the Bonds issued hereunder. Be- 
fore authenticating or delivering any Bonds, the Trustee 
shall detach and cancel all matured coupons, if any, ap- 
pertaining thereto, and such cancelled coupons shall be 
cremated by the Trustee and a certificate of cremation 
or other destruction sh^ll be delivered to the Treasurer 
by the Trustee. 

SECTION 2.05. The Bonds issued under this Ordinance 
and the coupons, if any, attached thereto shall be sub- 
stantially in the form hereinafter set forth with such 
appropriate variations, omissions and insertions as are 
permitted or required by this Ordinance or by a resolu- 
tion of the Commissioners of Finance adopted prior to 
the sale of the Bonds. 

SECTION 2.06. The City shall execute and deliver to the 
Trustee and the Trustee shall authenticate the Bonds in 
the aggregate principal amount of not exceeding 
$1,500,000 and deliver them to the purchasers as m^y be 
directed by the City as hereinafter in this Section 2.06 
provided. 

Prior to the authentication and delivery by the Trustee 
of any of the Bonds there shall be filed with the Trustee: 

1. A duly certified copy of this Ordinance. 

2. An original executed counterpart of the Lo^n 
Agreement. 

3. A duly certified copy of the resolution of the Com- 
missioners of Finance setting forth the details relating to 
the Bonds as prescribed by Section 2.02 hereof. 

4. A request and authorization to the Trustee on be- 
half of the City and signed by the Mayor to authen- 
ticate and deliver the Bonds in the aggregate principal 
amount of not exceeding $1,500,000 to the purchasers 
therein identified upon payment to the Trustee but for the 



ORDINANCES 463 

account of the City of a sum specified in such request 
and authorization plus accrued interest thereon to the 
date of delivery. Such proceeds shall be paid over to 
the Trustee and deposited to the credit of the Bond Fund 
and Construction Fund as hereinafter provided under 
Article VI hereof. 

SECTION 2.07. In the event any Bond is mutilated, lost, 
stolen or destroyed, the City may execute and the Trustee 
may authenticate a new Bond of like date, maturity and 
denomination as that mutilated, lost, stolen or destroyed, 
which new Bond shall have attached thereto coupons 
corresponding in all respects to those (if any) on the 
Bond mutilated, lost, stolen or destroyed; provided that, 
in the case of any mutilated Bonds, such mutilated 
Bond together with all coupons (if any) appertaining 
thereto shall first be surrendered to the City, and in the 
case of any lost, stolen or destroyed Bond, there shall 
be first furnished to the City and the Trustee evidence of 
such loss, theft or destruction satisfactory to the City and 
the Trustee, together with indemnity satisfactory to 
them. In the event any such Bond or coupon shall have 
matured, instead of issuing a duplicate Bond or coupon 
the City may pay the same without surrender thereof. 
The City and the Trustee may charge the holder or 
owner of such Bonds with their reasonable fees and ex- 
penses in this connection. 

SECTION 2.08. All the Bonds issued under this Ordi- 
nance shall be negotiable, subject to the provisions for 
registration and transfer contained in this Ordinance 
and in the Bonds. So long as any of the Bonds shall re- 
main outstanding, the City sh;all maintain and keep, at the 
principal office of the Treasurer, books for the registra- 
tion and transfer of Bonds; and, upon presentation there- 
of for such purpose at said office, the Treasurer shall 
register or cause to be registered therein, and permit 
to be transferred thereon, under such re^asonable regu- 
lations as it or the Trustee may prescribe, any Bond en- 
titled to registration or transfer. So long as any of the 
Bonds remain outstanding, the City shall make all neces- 
sary provisions to permit the exchange of Bonds at the 
principal office of the Treasurer. 



464 ORDINANCES Ord. No. 620 

All coupon Bonds shall pass by delivery, unless regis- 
tered as to principal other than to bearer in the manner 
provided in this Section 2.08. Any coupon Bond may be 
registered as to principal on the books of the City at 
the principal office of the Treasurer, upon presentation 
thereof at said office and the payment of a charge suf- 
ficient to reimburse the City for any tax or other govern- 
mental charge required to be paid with respect to such 
registration, and such registration shall be noted on 
such Bond. After said registration no transfer thereof 
shall be valid unless made on said books at the written 
request of the registered owner or his attorney duly 
authorized in writing, and similarly noted on such Bond; 
but such Bond may be discharged from registration by 
being in like manner transferred to bearer, after which 
it shall again become transferable by delivery. 

Thereafter such Bond may again, from time to time, 
be registered or discharged from registration in the same 
manner. Registration of any coupon Bond as to principal, 
however, shall not affect the negotiability by delivery of 
the coupons appertaining to such Bond, but such coupons 
shall continue to pass by delivery and shall remain pay- 
able to bearer. 

As to any coupon Bond registered as to principal 
other than to bearer the person in whose name the same 
shall be registered upon the books of the City may be 
deemed and regarded as the absolute owner thereof, 
whether such Bond shall be overdue or not, for ^11 pur- 
poses, except for the purpose of receiving payment of 
coupons; and payment of, or on account of, the principal 
or redemption price, if any, of such Bond shall be made 
only to, or upon the order of, such registered owner 
thereof, but such registration may be changed as above 
provided. All such payments shall be valid and effectual 
to satisfy and discharge the liability upon such Bond to the 
extent of the sum or sums so paid. The City, the Trustee 
and any paying agent may deem and treat the bearer of 
any coupon ^s the absolute owner thereof, whether such 
coupon shall be overdue or not, for the purpose of re- 
ceiving payment thereof and for all other purposes wtiat- 
soever, and may deem and treat the bearer of any coupon 
Bond which shall not at the time be registered as to 



ORDINANCES 465 

principal other th^n to bearer, or the person in whose 
name any coupon Bond for the time being shall be regis- 
tered upon the Books of the City, as the absolute owner 
of such Bond, whether such Bond shall be overdue or not, 
for the purpose of receiving payment of the principal or 
redemption price thereof and for all other purposes what- 
soever except for the purpose of receiving payment of 
coupons, and neither the City, nor the Trustee nor any 
paying agent shall be affected by any notice to the con- 
trary. Subject to the provisions of the Act, the City 
agrees to indemnify and save the Trustee and each 
paying agent harmless from and against any and all loss, 
cost, charge, expense, judgment or liability incurred by it, 
acting in good faith and without negligence hereunder, in 
so treating such bearer or registered owner. 

Each registered Bond without coupons shall be 
transferable only upon the books of the City, which shall 
be kept for that purpose at the principal office of the 
Treasurer, at the written request of the registered owner 
thereof or his attorney duly authorized in writing, upon 
surrender thereof, together with a written instrument 
of transfer satisfactory to the Treasurer duly executed 
by the registered owner or his duly authorized attorney. 
Upon the transfer of any such registered Bond, the City 
shall issue in the name of the transferee, in authorized 
denominations, a new registered Bond or Bonds without 
coupons, or, at the option of the transferee, coupon 
Bonds, with appropriate coupons attached, of the same 
aggregate principal amount, series, maturity and interest 
rate as the surrendered Bonds. 

The City and the Trustee may deem and treat the 
person in whose name any outstanding registered Bond 
without coupons shall be registered upon the books of 
the City as the absolute owner of such Bond, whether 
such Bond shall be overdue or not, for the purpose of 
receiving payment of, or on account of, the principal and 
redemption price, if any, of and interest on such Bond 
and for all other purposes, and all such payments so 
made to any such registered owner or upon his order 
shall be valid and effectual to satisfy and discharge the 
liability upon such Bond to the extent of the sum or sums 
so paid, and neither the City nor the Trustee shall be 



466 ORDINANCES Ord, No. 620 

affected by any notice to the contrary. Subject to the 
provisions of the Act, the City agrees to indemnify and 
save the Trustee harmless from and against any and 
all loss, cost, charge, expense, judgment or liability in- 
curred by it, acting in good faith and without negligence 
hereunder, in so treating such registered owner. 

Coupon Bonds, upon surrender thereof at the principal 
office of the Treasurer with all unmatured coupons at- 
tached, may, at the option of the holder thereof, be ex- 
changed for an equal aggregate principal amount of 
registered Bonds without coupons of the same series, 
maturity and interest rate of any of the authorized de- 
nominations. 

Registered Bonds without coupons, upon surrender 
thereof at the principal office of the Treasurer with a 
written instrument of transfer satisfactory to the Treas- 
urer, duly executed by the registered owner or his duly 
authorized attorney, may, at the option of the registered 
o^vner thereof, be exchanged for an equal aggregate 
principal amount of coupon Bonds of the same series, 
maturity and interest rate with appropriate coupons at- 
tached, or of registered Bonds without coupons of 
the same series, maturity and interest rate of any other 
authorized denominations. 

In all c;ases in which the privilege of exchanging Bonds 
or transferring registered Bonds without coupons is ex- 
ercised, the City shall execute and the Trustee shall 
authenticate and deliver Bonds in accordance with the 
provisions of the Ordinance. All registered Bonds sur- 
rendered in any such exchanges or transfers shall forth- 
with be cancelled by the Trustee. All coupon Bonds and 
the coupons appertaining to such Bonds surrendered in 
any such exchanges or transfers shall be retained in the 
possession of the City for the purpose of reissuance upon 
subsequent exchanges and the City, prior to the reissuance 
of any such coupon Bonds, sh^ll detach therefrom and 
cancel all matured coupons. For every such exchange or 
transfer of Bonds, whether temporary or definitive, the 
City or the Trustee may make a charge sufficient to reim- 
burse it for any tax or other governmental charge re- 
quired to be paid with respect to such exchange or trans- 
fer, which sum or sums shall be paid by the person re- 



ORDINANCES 467 

questing such exchange or transfer as a condition pre- 
cedent to the exercise of the privilege of making such 
exchange or transfer. Notwithstanding any other provi- 
sion of this Ordinance, the cost of preparing each new 
coupon Bond or registered Bond without coupons upon 
each exchange or transfer, and any other expenses of 
the City or the Trustee incurred in connection therewith 
(except any applicable tax or other governmental charge) 
shall be paid from the Bond Fund. The City shall not 
be obligated to make any such exchange or transfer of 
Bonds during the fifteen (15) days next preceding an 
interest payment date on the Bonds or, in the case of any 
proposed redemption of Bonds, next preceding the date 
of the first publication of notice of such redemption. The 
City shall not be required to make any transfer or ex- 
change of any Bonds called for redemption. 

SECTION 2.09. The City, at the request of the Industry 
and to the extent permitted by law in effect at the time 
thereof, shall use its best efforts to issue Additional Bonds 
from time to time for the purpose of providing additional 
moneys, to be used for the purpose of completing the 
Pollution Control Facilities or to provide additional pollu- 
tion control facilities which shall become part of the 
Pollution Control Facilities, on a parity with the Bonds 
and any Additional Bonds theretofore or thereafter issued 
and payable from the Bond Fund. Before any Additional 
Bonds are authenticated and delivered there shall be 
delivered to the Trustee the items required therefor by 
Section 2.10 hereof. The proceeds of any Additional Bonds 
shall be used solely to pay the costs of completing the 
Pollution Control Facilities or of improvement or acquisi- 
tion of the Pollution Control Facilities and to pay the costs 
incident to the issuance of the Additional Bonds, in ac- 
cordance with Section 6.7 of the Loan Agreement. 

Such Additional Bonds shall be issued in such series 
and principal amounts, shall be dated, shall bear in- 
terest At such rate or rates, shall be subject to redemp- 
tion at such times and prices, and shall mature in such 
years as the ordinance supplemental hereto authorizing 
the issuance thereof shall fix and determine, and shall be 
deposited with the Trustee for authentication and delivery. 



468 ORDINANCES Ord. No. 620 

SECTION 2.10. Upon the adoption in each instance of an 
appropriate ordinance supplemental hereto the City shall 
execute and deliver to the Trustee, and the Trustee shall 
authenticate, such Additional Bonds 3nd deliver them to 
the purchaser or purchasers as may be directed by the 
City, as hereinafter in this Section 2.10 provided. Prior 
to the authentication and delivery by the Trustee of 
any such Bonds there shall be filed with the Trustee: 

(1) A valid and effective amendment to the Loan 
Agreement, pursuant to Section 11.6 thereof, providing 
for an increase in the obligations of the City and the 
Industry in accordance with Section 4.3 of the Loan 
Agreement. 

(2) A duly certified copy of a supplemental ordinance 
providing for the issuance of such new series of Additional 
Bonds. 

(3) A duly certified copy of the resolution of the 
Commissioners of Finance setting forth the details re- 
lating to such Additional Bonds. 

(4) A request and authorization to the Trustee on 
behalf of the City and signed by the Mayor to authenticate 
and deliver such Additional Bonds to the purchaser or pur- 
chasers therein identified upon payment to the Trustee 
for the account of the City of a sum specified in such 
request and authorization plus any accrued interest 
thereon to the date of delivery. The proceeds of such 
Bonds shall be paid over to the Trustee and deposited to 
the credit of the Bond Fund and Construction Fund as 
hereinafter provided under Article VI hereof. 

SECTION 2.11. 1. One or more series of refunding Bonds 
may be authenticated and delivered upon originjal is- 
suance to refund all but not less than all the Bonds of 
one or more series then outstanding. Refunding Bonds 
shall be issued in a principal amount sufl[icient, together 
with other moneys available therefor, to accomplish such 
refunding and to make the deposits in the Bond Fund 
required by the provisions of this Section or by the provi- 
sions of the supplemental ordinance authorizing such 
Bonds. 



ORDINANCES 469 

2. Refunding Bonds of each series issued to refund 
one or more series of Bonds then outstanding shall be 
authenticated and delivered by the Trustee only upon 
receipt by it (in addition to the documents required by 
Section 2.06) of: 

(1) Irrevocable instructions to the Trustee, satis- 
factory to it, to give due notice of redemption of all the 
Bonds to be refunded on a redemption date specified in 
such instructions ; 

(2) If the Bonds to be refunded are not by their 
terms subject" to redemption within the next succeeding 
60 days, irrevocable instructions to the Trustee, satis- 
factory to it, to make due publication of the notice pro- 
vided for in Section 3.03 to the holders of the Bonds then 
outstanding and coupons being refunded ; 

(3) Either (i) moneys in an amount sufficient to 
effect payment at the applicable redemption price of the 
Bonds to be refunded, together with accrued interest on 
such Bonds to the redemption date, which moneys shall 
be held by the Trustee in a separate account irrevo- 
cably in trust for and assigned to the respective holders 
of the Bonds to be refunded, or (ii) investments in such 
principal amounts, of such maturities, bearing such in- 
terest, and otherwise having such terms and qualifica- 
tions, AS shall be necessary to comply ^vith the provisions 
of Section 9.01 hereof and any moneys required pursuant 
to said Section 9.01 hereof, which investments and moneys 
shall be held in trust and used only as provided in said 
Section 9.01 hereof. 

The proceeds, including accrued interest, of the re- 
funding Bonds of each such series shall be applied simul- 
taneously with the delivery of such Bonds in the manner 
provided in the supplemental ordin;ance authorizing such 
Bonds. 

3. Any balance of the proceeds of refunding Bonds 
not needed for the purposes provided in this Section or in 
the supplemental ordinance authorizing such Bonds shall 
be deposited in the Bond Fund. 



470 ORDINANCES Ord. No. 620 

ARTICLE III 

REDEMPTION 

SECTION 3.01. In the manner and with the effect pro- 
vided in this Ordinance, the Bonds will be subject to redemp- 
tion prior to maturity, either at the option of the City or 
pursuant to certain provisions of this Ordinance, as 
follows: 

(1) The Bonds may be redeemed prior to maturity 
on or after any date specified and at the times and in 
the amounts specified by resolution of the Commissioners 
of Finance either as a whole at any time or in part from 
time to time on any interest payment date, by applica- 
tion of any moneys available for that purpose, other than 
moneys deposited in the Bond Fund in accordance with 
the sinking fund provisions and moneys from the sources 
described in (2) below, upon payment in each case of the 
applicable redemption price, expressed as a percentage 
of principal amount of the Bonds to be redeemed, as set 
forth in a resolution of the Commissioners of Finance 
and adopted prior to the sale of the Bonds, plus accrued 
interest to the redemption date. 

(2) The Bonds also may be redeemed (a) as a whole 
at any time upon the exercise by the Industry of its 
option to terminate the Loan Agreement as provided in 
Section 9.2 thereof, or (b) in part, at any time, in inverse 
order of maturities (by lot within a maturity) upon the 
exercise by the Industry of its option of a partial prepay- 
ment of the loan as provided in Section 9.3 of the Loan 
Agreement. Any of such Bonds are to be redeemed in 
the manner provided in this Article III, at the principal 
amount thereof, plus accrued interest to the redemption 
date. 

(3) The Bonds are subject to redemption in accord- 
ance with the sinking fund provisions of Section 3.02 
hereof in the manner provided in this Article III, at 
the principal amount thereof plus accrued interest to 
the redemption date. 

(4) The Bonds are subject to redemption as a whole 
at any time upon the occurrence of an event which, under 



ORDINANCES 471 

the provision of Article X of the Loan Agreement, obli- 
gates the Industry to prepay the amounts due there- 
under. Any such Bonds are to be redeemed in the manner 
provided in this Article III, at the principal amount there- 
of, plus accrued interest to the redemption date, and all 
other amounts, including additional interest, required by 
Article X of the Loan Agreement to be paid by the In- 
dustry. 

In the case of registered Bonds without coupons of 
denominations greater than $5,000, if less than all of 
such Bond& then outstanding are to be called for re- 
demption, then for all purposes in connection with redem.p- 
tion, each §5,000 of principal amount shall be treated as 
though it was a separate bond of the denomination of 
$5,000 bearing one of the numbers borne by such regis- 
tered Bond without coupons. If it is determined that one 
or more, but not all of the $5,000 units of principal 
amount represented by any such registered Bond with- 
out coupons is to be called for redemption, then upon 
notice of intention to redeem such $5,000 unit or units, 
the owner of such registered Bond without coupons 
shall forthwith surrender such Bond to the Trustee 
(1) for payment of the redemption price (including 
the redemption premium, if any, and interest to 
the date fixed for redemption) of the $5,000 unit or 
units of principal amount called for redemption and (2) 
in exchange for a new Bond or Bonds of the aggregate 
principal amount of the unredeemed balance of the prin- 
cipal amount of such registered Bond without coupons 
and of like maturity and interest rate, and such new Bond 
or Bonds shall be numbered corresponding to the num- 
bers of the $5,000 units of principal amount not called 
for redemption. New Bonds representing an unredeemed 
balance of the principal amount of such registered Bond 
without coupons shall be issued to the registered owner 
thereof, without charge therefor. If the owner of any 
such registered Bond v^'ithout coupons of a denomination 
greater than $5,000 shall fail to present such Bond to the 
Trustee for payment and exchange as aforesaid, such 
Bond shall, nevertheless, become due and payable on the 
date fixed for redemption to the extent of the $5,000 
unit or units of principal amount called for redemption 



472 ORDINANCES Ord. No. 620 

(and to that extent only) ; interest shall cease to accrue 
on the portion of the principal amount of such Bond rep- 
resented by such $5,000 unit or units of principal amount 
on and after the date fixed for redemption provided 
that funds sufficient for the payment of the redemption 
price shall have been deposited with the Trustee, and 
shall be available for the redemption of said $5,000 unit 
or units on the date fixed for redemption and, in such 
event, such Bond shall not be entitled to the benefit or 
security of this Ordinance to the extent of the portion 
of its principal amount (and accrued interest thereon to 
the date fixed for redemption and applicable premium, 
if any) represented by such $5,000 unit or units of 
principal amount, nor shall new Bonds be thereafter 
issued corresponding to said unit or units. 

SECTION 3.02. As and for a sinking fund (if a sinking 
fund is provided for in the resolution of the Commis- 
sioners of Finance) for the retirement of the Bonds sub- 
ject to the sinking fund provisions provided herein, the 
City shall cause to be deposited in the Bond Fund at 
least one business day before each sinking fund payment 
date out of the payments under the Loan Agreement an 
amount sufficient to redeem or to pay (after credit as 
provided below) the principal amounts of such Bonds 
subject to the sinking fund provisions provided herein 
on the dates and the amounts specified in the resolution 
of the Commissioners of Finance. 

At its option, to be exercised prior to the forty -fifth 
day next preceding any sinking fund payment date, the 
City may (i) cause to be paid to the Trustee for deposit 
in the Bond Fund, as an advance pa>Tnent of Receipts 
and Revenues of the City from the Loan, such amount 
of funds as the Industry may determine, with written 
instructions to the Trustee, signed in the name of the 
Industry by an authorized officer thereof, to apply sucli 
funds prior to said forty-fifth day to the purchase of 
Bonds subject to the sinking fund provisions, or (ii) de- 
liver to the Trustee for cancellation any principal amount 
of Bonds subject to the sinking fund provisions, or (iii) 
receive a credit in respect of its sinking fund payment for 
any such Series which prior to said sinking fund payment 
date have been purchased or redeemed (otherwise than 



I 



ORDINANCES 473 

through the operation of the sinking fund) and can- 
celled by the Trustee and not theretofore applied as a 
credit against any sinking fund payment. 

Upon receipt of the funds and instructions specified 
in (i), the Trustee shall use all reasonable efforts to ex- 
pend such funds as nearly as may be practicable in the 
purchase of such Bonds at not exceeding the principal 
amount thereof plus accrued interest to such sinking 
fund payment date on or prior to such sinking fund 
payment date. Any such funds not so expended by the 
Trustee shall be retained in the Bond Fund, shall not 
thereafter be used for the purchase of Bonds and shall 
be applied as herein otherwise provided for moneys in the 
Bond Fund. Bonds so purchased or presented for can- 
cellation as provided above shall be cancelled by the 
Trustee as provided in Section 3.04 hereof and shall be 
credited, at their principal amount, until the full amount 
thereof has been so credited against the next ensuing 
and future sinking fund payments in chronological 
order to the extent otherwise payable out of the Receipts 
and Revenues of the City from the Loan. 

SECTION 3.03. In the event any of the Bonds are 
called for redemption, the Trustee shall give notice, in 
the name of the City, of the redemption of such Bonds, 
which notice shall specify the maturities of the Bonds to 
be redeemed, the redemption date and the place or places 
where amounts due upon such redemption will be pay- 
able and, if less than all of the Bonds of any maturity 
are to be redeemed, the numbers of such Bonds so to be 
redeemied. Such notice shall be given by publication at 
least once not less than 30 days nor more than 60 
days prior to the redemption date in a newspaper or 
financial journal of general circulation published in the 
City of New York, New York, and in the case of the 
redemption of registered Bonds upon mailing a copy of 
the redemption notice by first class mail at least thirty 
days prior to the date fixed for redemption to the holder 
of each registered Bond to be redeemed at the address 
shown on the registration books; provided, however, that 
failure to give such notice by mailing or any defect therein, 
shall not affect the validity of any proceedings for the 



474 ORDINANCES Ord. No. 620 

redemption of Bonds. If all of the Bonds to be redeemed 
are registered Bonds, notice by mailing given by first 
class mail to the holder or holders thereof, at the ad- 
dresses shown on the registration books, not less than 
thirty days prior to the date fixed for redemption as afore- 
said shall be sufficient, and published notice of the call for 
redemption need not be given, and failure duly to give 
such notice by mailing, or any defect in the notice, to the 
holder of any registered Bond designated for redemp- 
tion shall not affect the validity of the proceedings for the 
redemption of any other Bond. All Bonds so called for 
redemption will cease to bear interest on the specified 
redemption date, provided funds for their redemption 
are on deposit with the Trustee and shall no longer 
be protected by the Ordinance and shall not be deemed 
to be outstanding under the provisions of the Ordinance. 
If, because of the temporary or permanent suspension 
of the publication or general circulation of any news- 
paper or financial journal or for any other reason, it is 
impossible or impracticable to publish such notice of call 
for redemption in the manner herein provided, then such 
publications in lieu thereof as shall be made with the ap- 
proval of the Trustee shall constitute a sufficient publica- 
tion of notice. 

SECTION 3.04. All Bonds which have been redeemed shall 
be cancelled and destroyed by the Trustee together with 
the unmatured coupons appertaining thereto and shall 
not be reissued and a counterpart of the certificate 
of destruction evidencing such destruction shall be fur- 
nished by the Trustee to the City and the Industry. All 
Bonds so destroyed shall thereafter no longer be con- 
sidered outstanding for any purposes of the Ordinance 
or the Loan Agreement. 

SECTION 3.05. All unpaid coupons which appertain to 
Bonds so called for redemption and which shall have 
become payable on or prior to the date fixed for re- 
demption shall continue to be payable to the bearers 
thereof severally and respectively upon the presentation 
and surrender of such coupons. 

SECTION 3.06. If less than all of the Bonds at the time 
outstanding are to be called for prior redemption, the 



ORDINANCES 475 

particular Bonds to be redeemed shall be selected by the 
Trustee in inverse order of maturities. If less than all 
of the Bonds of a particular maturity at the time out- 
standing are to be called for prior redemption, the partic- 
ular Bonds of such maturity to be redeemed shall be 
selected by lot by the Trustee in such manner as the 
Trustee, in its discretion, may determine. The Trustee 
shall call for redemption in accordance with the foregoing 
provisions as many Bonds as will, as nearly as practicable, 
exhaust the moneys available therefor. Particular Bonds 
shall be redeemed only in the principal amount of $5,000 
each. 

No redemption of less than all the Bonds at the time 
outstanding other than in accordance with the sinking 
fund provisions of Section 3.02 hereof, shall be made pur- 
suant hereto unless the total amount of funds available 
and to be used for such partial redemption is equal to 
or more than $50,000. 

ARTICLE IV 
LOAN AGREEMENT 

SECTION 4.01. The Mayor is hereby authorized and 
directed to execute, seal and deliver, on behalf of the 
City, the Loan Agreement (including the assignments 
of the Loan Agreement and the Note to the Trustee) 
in substantially the form presented to the City Council 
as evidenced by a copy of such form certified by the 
Treasurer and filed among the permanent records of 
the City. The City, however, is hereby authorized, prior 
to execution of the Loan Agreement and such assign- 
ments, to make such changes or modifications in the 
form of such Loan Agreement, Note and assignments 
as may be required or deemed appropriate by item in 
order to accomplish the purpose of the transaction 
authorized by the Ordinance; provided that such changes 
shall be within the scope of the transactions authorized 
by the Act and are adopted by resolution of the Commis- 
sioners of Finance prior to execution of said Loan Agree- 
ment. Such execution of the Loan Agreement and assign- 
ments by the Mayor shall be conclusive evidence of the 
due execution, on behalf of the City, of such instruments 



476 ORDINANCES Ord. No. 620 

which shall thereupon become binding upon the City in 
accordance with their terms as authorized by the Act. 

ARTICLE V 

REVENUES AND FUNDS 

SECTION 5.01. The Bonds herein authorized and all 
payments by the City hereunder are not general obliga- 
tions of the City but are limited obligations payable solely 
from the Receipts and Revenues of the City from the 
Loan and as authorized and provided in this Ordinance. 

The Receipts and Revenues of the City from the Loan 
are to be remitted directly to the Trustee for the account 
of the City and deposited in the Bond Fund. Said payments 
are sufficient in amount to pay the principal of, premium, 
if any, and interest on the Bonds and the entire amount 
of Receipts and Revenues of the City from the Loan 
and the Bond Fund, including any interest or other in- 
come earned on the same, are hereby pledged to the 
payment of the principal of, premium, if any, penalty, 
if any, and interest on the Bonds. The City hereby cove- 
nants and agrees that it will not create any lien upon the 
Receipts and Revenues of the City from the Loan other 
than the lien hereby created. 

SECTION 5.02. There is hereby created by the City 
and ordered established with the Trustee a trust fund to 
be designated *'City of Baltimore Pollution Control Facili- 
ties Revenue Bond Fund W. R. Grace & Co. Project" 
(which is sometimes referred to herein as the "Bond 
Fund"), which shall be used to pay the principal of, 
premium, if any, penalty, if any, and interest on the 
Bonds. 

SECTION 5.03. There shall be deposited into the Bond 
Fund all accrued interest derived from the sale of the 
Bonds in the amount required by Section 6.01 hereof. In 
addition, there shall be deposited into the Bond Fund, as 
and when received (a) any amount remaining in the Con- 
struction Fund to the extent provided in Section 3.3 (k) 
of the Loan Agreement except as otherwise directed 
pursuant to said Section 3.3 (k); (b) all payments speci- 



ORDINANCES 477 

fied in subsections (b) and (e) of Section 4.3 of the Loan 
Agreement; and (c) all other moneys received by the 
Trustee under and pursuant to any of the provisions of 
the Loan Ap^reement when accompanied by directions by 
the Industry that such moneys are to be paid into the 
Bond Fund. The City hereby covenants and agrees that 
so long as any of the Bonds issued hereunder are out- 
standing it will deposit, or cause to be deposited, in the 
Bond Fund for its account sufficient sums from the 
Receipts and Revenues of the City from the Loan 
promptly to meet and pay the principal of, interest, 
premium, if a-ny, and penalty, if any, on the Bonds as the 
same become due and payable. 

SECTION 5.04. Except as provided in Section 5.10 and 
Section 11.04 hereof, moneys in the Bond Fund shall be 
used solely for the payment of the principal of, and 
interest on, and premiums, if any, on the Bonds and for 
the redemption of the Bonds at or prior to maturity. 
Whenever the amount in the Bond Fund from any source 
whatsoever is sufficient to redeem all of the Bonds out- 
standing hereunder and to pay interest to accrue thereon 
prior to such redemption, and to pay any applicable 
premiums or additional interest, the City covenants and 
agrees, upon request of the Industry, to take and cause 
to be taken the necessary steps to redeem all or part 
of said Bonds on the next succeeding redemption date 
subject to the provisions of Section 3.01 hereof for which 
the required redemption notice may be given. 

SECTION 5.05. The Bond Fund shall be in the custody of 
the Trustee but in the name of the City and the City 
hereby authorizes and directs the Trustee to withdraw 
sufficient funds from the Bond Fund to pay principal of 
and interest and premium, if any, and additional interest, 
if any on the Bonds as the same become due and payable 
and to make such funds so withdrawn available to the 
Trustee and to any paying agent or agents for the pur- 
pose of paying said principal and interest, and premium, 
if any, and additional interest, if any, w^hich authorization 
and direction the Trustee hereby accepts. 

SECTION 5.06. In the event any Bonds shall not be 
presented for payment when the principal thereof be- 



478 ORDINANCES Ord No. 620 

comes due, either at maturity or at the date fixed for 
redemption thereof or otherwise, or in the event any 
coupon shall not be presented for payment at the due 
date thereof, if funds sufficient to pay such Bonds or 
coupons shall have been made available to the Trustee 
for the benefit of the holder or holders thereof, all liabil- 
ity of the City to the holder thereof for the paj-ment 
of such Bond or coupon, as the case mav be, shall forth- 
with cease, determine and be completely discharged, and 
thereupon it shall be the duty of the Trustee to hold such 
fund or funds, without liability for interest thereon, for 
the benefit of the holder of such Bond, or the bearer of 
such coupon, as the case may be, who shall thereafter 
be restricted exclusively to such fund or funds, for any 
claim of whatever nature on his part under this Ordi- 
nance, or on, or with respect to, said Bond or coupon. 

SECTION 5.07. Pursuant to the provisions of the Loan 

Agreement, the Industry has agreed to pay the Trustee, 
until the principal of, interest and premium, if any, and 
additional interest, if any, on the Bonds shall have been 
fully paid: (i) an amount equal to the annual fee of the 
Trustee for the Ordinary Services of the Trustee ren- 
dered, as Trustee, and its Ordinary Expenses incurred, 
as Trustee, under this Indenture, as and when the same 
becomes due, (ii) the reasonable fees and charges of the 
Trustee, as paying agent, and any paying agents for 
acting as paying agent as and when the same become 
due, and (iii) the reasonable fees and charges for the 
necessary Extraordinary Services and Extraordinary 
Expenses of the Trustee under this Ordinance, as and 
when the same become due. It is further understood 
and agreed that the initial or acceptance fees of the 
Trustee and the fees, charges and expenses of the 
Trustee and paying agent referred to in the preceding 
sentence which become due prior to the Completion Date 
(as defined in the Loan Agreement) will be paid to the 
Trustee from the Construction Fund as and when the 
same shall become due. The Industry may, without creat- 
ing a default hereunder, contest in good faith the neces- 
sity for any such Extraordinary Services and Extraordi- 
nary Expenses and the reasonableness of any of the fees, 
charges, or expenses referred to herein. 



ORDINANCES 479 

Pursuant to the provisions of the Loan Agreement, 
the Industry has agreed to pay the City for the fees and 
expenses of the Treasurer as bond registrar, and reason- 
able administrative expenses, if any, incurred by the City 
in the administration of the Loan Agreement and of the 
Bonds issued under this Ordinance. 

SECTION 5.08. All moneys required to be deposited 
with or paid to the Trustee for account of the Bond 
Fund or the Construction Fund under any provision of 
this Ordinance shall be held by the Trustee in trust, and 
except for moneys deposited with or paid to the Trustee 
for the redemption of Bonds, notice of the redemption 
of which has been duly given, shall, while held by the 
Trustee, constitute part of the Trust Estate and be sub- 
ject to the lien thereof. 

SECTION 5.09. Reference is hereby made to Article 
V of the Loan Agreement whereunder it is provided that 
under certain circumstances funds of the Industry may 
be required to restore, repair or replace the Pollution 
Control Facilities in the event of damage, destruction or 
condemnation; but no such funds are required to be de- 
posited with the Trustee. 

SECTION 5.10. Any amounts remaining. in the Bond 
Fund after payment in full of the principal of, interest 
and premium, if any, on Bonds (or provision for payment 
thereof as provided in this Ordinance), the fees, charges 
and expenses of the Trustee and any paying agents, and 
the fees and expenses of the Treasurer as Bond registrar, 
and all other amounts required to be paid hereunder 
shall, upon the joint written instruction to the Trustee 
from the City and the Industry, be paid to the Industry 
upon the expiration or sooner termination of the term 
of the Loan Agreement as provided in Section 9.2 of the 
Loan Agreement. 

ARTICLE VI 

CUSTODY AND APPLICATION OF 
PROCEEDS OF BONDS 

SECTION 6.01. From the proceeds of the issuance 
and sale of the Bonds there shall be deposited in the 



480 ORDINANCES Ord. No. 620 

Bond Fund all accrued interest derived from the sale 
of the Bonds. 

SECTION 6.02. There is hereby created and estab- 
lished with the Trustee a trust in the name of the City 
to be designated "City of Baltimore Pollution Control 
Facilities Construction Fund — W. R. Grace & Co. Project 
(which is sometimes referred to herein as the **Construc- 
tion Fund*'). The balance of the proceeds upon the issu- 
ance and sale of Bonds remaining after the deduction 
provided by Section 6.01 hereof shall have been made 
shall be deposited in the Construction Fund. Moneys in 
the Construction Fund shall be expended in accordance 
with the provisions of the Loan Agreement and particu- 
larly Section 3.3. thereof. 

The Trustee is hereby authorized and directed to issue 
its checks for each disbursement required by the afore- 
said provisions of the Loan Agreement. 

The Trustee shall keep and maintain adequate records 
pertaining to the Constuction Fund and all disbursements 
therefrom and after the Pollution Control Facilities shall 
have been completed and a certificate of payment of all 
costs filed as provided in Section 6.03 hereof, the Trustee 
shall, if requested by the Industry, file an accounting 
thereof with the City and with the Industry. 

SECTION 6.03. The completion of the Pollution Con- 
trol Facilities and the payment of all costs and expenses 
incident thereto shall be evidenced by the filing with the 
Trustee of (i) the certificate of the Authorized Industry 
Representative (as defined in the Loan Agreement) 
required by the provisions of Section 3.5 of the Loan 
Agreement and (ii) a certificate signed by the Treasurer 
and by the Authorized Industry Representative, which 
certificate shall state that all obligations and costs in con- 
nection with the Pollution Control Facilities and payable 
out of the Construction Fund have been paid and dis- 
charged except for amounts retained by the Trustee with 
the approval of the Authorized Industry Representative 
for the payment of costs of the Pollution Control Facilities 
not then due and payable as provided in the Loan Agree- 
ment. As soon as practicable and in any event after sixty 



ORDINANCES 481 

days from the date of the certificate referred to in clause 
(ii) of the preceding sentence any balance remaining in 
the Construction Fund (other than the amounts retained 
by the Trustee referred to in the preceding sentence) 
shall without further authorization be deposited in the 
Bond Fund by the Trustee with advice to the City and 
to the Industry of such action unless the Industry shall 
have directed the Trustee to purchase Bonds in accord- 
ance with Section 3.3 (k) of the Loan Agreement. 

SECTION 6.04. Upon the occurrence of an Event of 
Default undei- the terms and provisions of this Ordinance, 
which default is not cured within any applicable grace 
period or waived as herein provided, the Trustee shall 
deposit in the Bond Fund any sums remaining in the Con- 
struction Fund, and such funds are hereby pledged to 
the repayment of the Bonds and the interest thereon. 

ARTICLE VII 
INVESTMENTS 

SECTION 7.01. Any moneys held as part of the Con- 
struction Fund and the Bond Fund shall, at the written 
request of and as specified by the Authorized Industiy 
Representative (as defined in the Loan Agreement), be 
invested and reinvested by the Trustee in accordance 
with the provisions of Section 3.8 of the Loan Agreement; 
provided, however, that neither all nor a major portion 
of the proceeds derived from the sale of the Bonds shall 
be used, directly or indirectly, in such a manner as to 
cause any Bond to be an "arbitrage bond" within the 
meaning of Section 103(d) of the Internal Revenue Code 
of 1954, as amended. Any such investment shall be held 
by or under the control of the Trustee and shall be 
deemed at all times a part of the fund in which such 
moneys are originally held and the interest accruing 
thereon and any profit realized from such investments 
shall be credited to such fund, and any loss resulting 
from such investments shall be charged to such fund. 
The Trustee shall sell and reduce to cash funds a suflS- 
cient amount of such investments whenever the cash 
balance in such fund is insufficient for the purposes of 
such fund. 



482 ORDINANCES Ord. No. 620 

SECTION 7.02. The Trustee may make any and all 
investments permitted under Section 7.01 through its own 
Corporate Trust Department. 

ARTICLE VIII 
GENERAL COVENANTS 

SECTION 8.01. Each ^nd every covenant herein 

made, including all covenants made by the various sec- 
tions of this Article VIII, is predicated upon the condition 
that any obligation for the payment of money incurred 
by the City shall not create a pecuniary liability of the 
City or a charge upon its general credit or against its 
taxing powers, but shall be payable solely from the 
Receipts and Revenues of the City from the Loan and 
the Bond Fund, which are hereby specifically pledged to the 
payment thereof in the manner and to the extent in this 
Ordinance specified, and nothing in the Bonds or coupons 
or in this Ordinance shall be considered as pledging any 
other funds or assets of the City. 

The City covenants that it will promptly pay the prin- 
cipal of, including any applicable redemption premiums 
or additional interest, and interest on every Bond issued 
under this Ordinance at the place, on the dates and in 
the manner provided herein and in said Bonds, and in the 
coupons appertaining thereto according to the true intent 
and meaning thereof . 

SECTION 8.02. The City covenants that it will faith- 
fully perform at all times any and all covenants, under- 
takings, stipulations and provisions contained in this 
Ordinance, in any and every Bond executed, authenticated 
and delivered hereunder and in all proceedings pertain- 
ing thereto. The City covenants that it is duly authorized 
under the Constitution and laws of the State of Maryland, 
to issue the Bonds authorized hereby and to enter into 
the Loan Agreement, and to pledge Receipts and Revenues 
of the City from the Loan, and that the Bonds in the 
hands of the holders and owners thereof and the coupons 
appertaining thereto in the hands of the bearers thereof 
are and will be valid and enforceable obligations of the 
City according to the import thereof. 



ORDINANCES 483 

SECTION 8.03. The City will at all times maintain 
its corporate existence or assure the assumption of its 
obligations under this Ordinance by any public body 
succeeding to its powers under the Act, and it will use its 
best elForts to maintain, preserve and renew all the rights 
and powers provided to it by the Act; and it will comply 
with all valid acts, rules, regulations, orders and direc- 
tions of any legislative, executive, administrative or judi- 
cial body applicable to the Loan Agreement. 

SECTION 8.04. So long as any of the Bonds are out- 
standing, the City will enforce the obligation of the Indus- 
try to pay, or cause to be paid, ail the payments and 
other costs and charges payable by the Industry under 
the Loan Agreement. The City will not enter into any 
agreement Vvith the Industry amending the Loan Agree- 
ment without the prior written consent of the Trustee 
and, in the event such amendatory agreement shall ad- 
versely affect the interests of the holders of the Bonds, 
the prior written consent thereto of the holders of at 
least 66%% in principal amount of the Bonds then out- 
standing. 

SECTION 8.05. The City shall cause the Industry to 
release the City and the Trustee from, to agree that the 
City and the Trustee shall not be liable for, ^nd to agree 
to indemnify and hold the City and the Trustee 
harmless from, any liability for any loss or dam^age to 
property or any injury to or death of any person includ- 
ing costs and expenses of litigation that may be occa- 
sioned by any cause whatsoever pertaining to the Pollu- 
tion Control Facilities or the financing thereof. 

SECTION 8.06. The City will from time to time 
execute and deliver such further instruments and take 
such further action as may be reasonable and as may be 
required to c^rry out the purpose of this Ordinance; 
provided, however, that no such instrument or actions 
shall pledge the credit or taxing power of the State of 
Maryland, the City, or any other political subdivision of 
said State. 

SECTION 8.07. Except for the contemplated assign- 
ment to the Trustee, the City will not sell, lease or other- 



484 ORDINANCES Ord. No. 620 

wise dispose of or encumber its interest in the Loan 
Agreement or any of the payments or receipts derived 
therefrom, and will promptly pay or cause to be dis- 
charged or make adequate provision to satisfy and dis- 
charge any lien or charge on any part of such payments 
or receipts. 

SECTION 8.08. In Sections 5.1 and 5.2 of the Loan 
Agreement, the City shall require the Industry to agree 
at its own expense to keep the Pollution Control Facilities 
in good repair and in good operating condition and prop- 
erly insured. 

SECTION 8.09. City covenants and agrees that all 
books and documents in its possession relating to the 
Pollution Control Facilities and the Receipts and Revenues 
of the City from the Loan shall at all times be open to 
inspection by such accountants or other agencies as the 
Trustee may from time to time designate. 

SECTION 8.10. To the extent that such information 
shall be made known to the City under the terms of this 
Section 8.10, it will keep on file at the corporate trust office 
of the Trustee a list of names and addresses of the last 
known holders of all Bonds and the amount believed to 
be held by each of such last known holders. Any Bond- 
holder may request that his name and address be placed 
on said list by filing a written request with the City or 
with the Trustee, which request shall include a statement 
of the principal amount of Bonds held by such holder 
and the numbers of such Bonds. The Trustee shall be 
under no responsibility with regard to the accuracy of 
said list and may rely on said list for the payment of all 
sums due and payable under this Ordinance with regard 
to the payment of principal of, premium, if any, and inter- 
est on the Bonds. At reasonable times and under reason- 
able regulations established by the Trustee, said list may 
be inspected and copied by the Industry or by holders 
and/or owners (or a designated representative thereof) 
of not less than twenty-five percent in principal amount 
of Bonds then outstanding, such ownership and the 
authority of any such designated representative to be 
evidenced to the satisfaction of the Trustee. 



ORDINANCES 485 

SECTION 8.11. The City covenants that, in order to 
perfect the interest of the Trustee in the payments to be 
made under the Loan Agreement, appropriate Financing 
Statements, naming the Trustee as assignee of the con- 
tract rights represented by the Loan Agreement (includ- 
ing the Note), will be filed in the appropriate state and 
county offices as required by the provisions of the Uni- 
form Commercial Code, as amended. The City and the 
Trustee will file such necessary continuation statements 
from time to time as may be required pursuant to the 
provisions of the Uniform Commercial Code to protect 
the interest of the Trustee. 

ARTICLE IX 

DEFEASANCE 

SECTION 9.01. If and when the Bonds secured 
hereby shall become due and payable in accordance with 
their terms or through redemption proceedings as pro- 
vided in this Ordinance, or otherwise, and the whole 
amount of the principal, premium (if any) and the inter- 
est so due and payable upon all of the Bonds shall be paid, 
or provision shall have been made for the payment of the 
same, together with all other sums payable hereunder 
by the City, then and in that case, the right, title and 
interest of the Trustee in and to the Trust Estate and all 
covenants, agreements and other obligations of the City 
to the Bondholders shall thereupon cease, terminate and 
become void And be discharged and satisfied. In such event, 
upon request of the City, the Trustee shall assign and 
transfer to the City all property, other than the sur- 
pluses referred to below, then held by the Trustee and 
shall execute such documents as may be reasonably re- 
quired by the City and shall turn over to the Industry, 
so long as it is not in default under the Loan Agreement, 
or to such person, body or authority as may be entitled 
to receive the same, any surplus in the Bond Fund or the 
Construction Fund and all balances remaining in any 
other fund created under this Ordinance. If and when the 
Trustee shall hold sufficient moneys hereunder to pro- 
vide for payment of the whole amount of the principal, 
premium (if any) and interest due and payable and 
thereafter to become due and payable upon all the Bonds, 



486 ORDINANCES Ord. No. 620 

together with all other sums payable or which may there- 
after become payable hereunder by the City, notwith- 
standing that all the Bonds and coupons have not yet 
become due and payable and that consequently the right, 
title and interest of the Trustee in and to the Trust 
Estate shall not h^ve ceased, terminated and become 
void pursuant to the foregoing provisions of this Section 
9.01, the Trustee, on demand of the City, shall turn over 
to the Industry, so long as it is not in default under the 
Loan Agreement, or to such person, body or author- 
ity as may be entitled to receive the same, any surplus 
in the Bond Fund, the Construction Fund and any other 
fund created under this Ordinance in excess of the sum 
sufficient to pay the whole amount of the principal, pre- 
mium (if any) and interest due and payable and there- 
after to become due and payable upon all the Bonds, 
together with all other sums payable or which may 
thereafter become payable hereunder by the City. 

All outstanding Bonds and all coupons appertaining 
to such Bonds shall prior to the maturity or redemption 
date thereof be deemed to have been paid within the 
meaning and with the effect expressed above if (a) in 
case any of such Bonds are to be redeemed on any date 
prior to their maturity, the City shall have given to the 
Trustee in form satisfactory to it irrevocable instructions 
to publish notice of redemption of such Bonds on said 
date as provided in Section 3.03 hereof, (b) there shall 
have been deposited with the Trustee either moneys in an 
amount which shall be sufficient, or securities specified 
in Section 3.8 (i) or (iii) of the Loan Agreement, the 
principal of and the interest on which when due will 
provide moneys which, together with the moneys, if any, 
deposited with the Trustee at the same time, shall be 
sufficient, to pay when due the principal and the interest 
and premium, if any, and additional interest, if any, due 
and to become due on such Bonds on and prior to the 
redemption date or maturity date thereof, as the case 
may be, and (c) in the event such Bonds are not by their 
terms subject to redemption within the next succeeding 
60 days, the City shall have given the Trustee in form 
satisfactory to it irrevocable instructions to publish, as 
soon as practicable in the same manner as a notice of 
redemption is published pursuant to Section 3.03 hereof, 



ORDINANCES 487 

a notice to the holders of such Bonds and coupons that 
the deposit required by (b) above has been made with 
the Trustee and that such Bonds and coupons are deemed 
to have been paid in accordance with this Section, and 
stating such maturity or redemption date upon which 
moneys are to be available for the payment of the princi- 
pal and premium, if any, on such Bonds. Neither the 
securities nor moneys deposited with the Trustee pursuant 
to this Section nor principal or interest payments on any 
such securities shall be withdrawn or used for any pur- 
pose other than, and shall be held in trust for, the pay- 
ment of th^ principal and interest and premium, if any, 
on such Bonds; provided that any cash received from 
such principal or interest payments on such securities 
deposited with the Trustee, if not then needed for such 
purpose, shall to the extent practicable, be reinvested 
in securities maturing at times and in amounts sufficient 
to pay when due the principal and interest and premium, 
if ^ny, to become due on such Bonds on and prior to such 
redemption date or maturity date thereof, as the case 
may be, and interest earned from such reinvestments 
shall be paid over to the Industry, as received by the 
Trustee, free and clear of any trust, lien or pledge. 

The release of the obligations of the City under this 
Section 9.01 sh^ll be without prejudice to the right of the 
Trustee to be paid reasonable compensation for all serv- 
ices rendered by it hereunder and all its reasonable 
charges and other disbursements and those of its attor- 
neys, agents and employees, incurred on and about the 
administration of the trusts hereby created and the per- 
formance of its powers and duties hereunder. 

ARTICLE X 

DEFAULTS AND REMEDIES 

SECTION 10.01. In case one or more of the follow- 
ing events, in this Ordinance referred to as the "Events 
of Default," shall happen, that is to Sjay, if 

(a) payment of the principal of the Bonds and pre- 
mium, if any, shall not be made when the same shall 
become due and payable ^t maturity, upon redemption 
or otherwise ; or 



488 ORDINANCES Ord. No. 620 

(b) payment of an installment of interest on the 
Bonds shall not be made when the same shall become 
due and payable ; or 

(c) there shall be an event of default under the Loan 
Agreement ; or 

(d) an order or decree appointing a receiver of the 
Industry's pa^Tnents under the Loan Agreement or any 
part thereof shall be entered with the consent or acqui- 
escence of the City, or such order or decree shall be 
entered without the acquiescence or consent of the City, 
if it sh^ll not be vacated, discharged or stayed within 
sixty (60) days after entry ; or 

(e) the City shall default in the due and punctual per- 
formance of any covenant, condition, agreement or provi- 
sion (other than as specified in (a) and (b) of this Section 
10.01) contained in the Bonds or in this Ordinance on the 
p;art of the City to be performed, and such default shall 
continue for ninety (90) days after written notice specify- 
ing such default and requiring the same to be remedied 
shall have been given to the City and the Industry by the 
Trustee, which may give such notice in its discretion and 
shall give such notice at the written request of the holders 
of not less than twenty-five per cent (25%) in principal 
amount of the Bonds then outstanding; then, in 3ny such 
case, the Trustee may, and upon written request of the 
holders of twenty-five per cent (25%) in principal amount 
of the Bonds then outstanding shall, provided that written 
notice of the default has been given to the City and the 
Industry by the Trustee and the default has not thereto- 
fore been cured, declare the principal of all Bonds then 
outstanding to be due and payable immediately by notice 
in writing delivered to the City and the Industry, and 
upon such declaration the said principal, together with 
interest accrued thereon, shall become due and payable im- 
mediately at the place of payment provided therein, any- 
thing in this Ordinance or in said Bonds to the contrary 
notwithstanding. 

The above provisions, however, are subject to the condi- 
tion that if, after the principal of said Bonds shall have 
been so declared to be due and payable, all arrears of in- 
terest upon the Bonds, and interest on overdue installments 



ORDINANCES 489 

of interest (if lawful) at the rate per annum which is 
one percentage point greater than that borne by the Bonds, 
and all other sums payable under this Ordinance, except 
the principal of, and interest on, the Bonds which by such 
declaration shall have become due and payable, shall have 
been paid by or on behalf of the City, and the City also shall 
have performed all other things in respect of which it may 
have been in default hereunder, and shall have paid the rea- 
sonable expenses of the Trustee and of the holders of such 
Bonds, including reasonable attorneys' fees paid or incurred, 
then and in every such case, such default may, and upon re- 
quest by the holders of the nxajority in principal amount 
of the Bonds shall, be waived and such declaration and 
its consequences rescinded and annulled by the Trustee by 
written notice to the City, which waiver, rescission and 
annulment shall be binding upon all Bondholders; pro- 
vided that if such declaration w^s requested by the hold- 
ers of twenty-five per cent (25%) in principal amount of 
the Bonds, such waiver, rescission and annulment must be 
consented to by the holders of a majority in principal 
amount of the Bonds then outstanding, which consent shall 
be binding upon the Trustee and upon all holders of 
Bonds ; but no such waiver, rescission and annulment shall 
extend to or affect any subsequent default or impair any 
right or remedy consequent thereon. 

SECTION 10.02. The Trustee, as the assignee of all 
the right, title and interest of the City in and to the Loan 
Agreement, shall enforce each and every right granted to 
the City under the Loan Agreement. 

SECTION 10.03. Upon the happening of any Event of 
Default, then and in every such case the Trustee in its 
discretion may, and upon the written request of the hold- 
ers of twenty-five per cent (25%) in principal amount of 
the Bonds then outstanding and receipt of indemnity to 
its satisfaction, shall: 

(a) by mandamus, or other suit, action or proceeding 
At law or in equity, enforce all rights of the Bondholders, 
and require the City or the Industry to carry out any 
agreements with or for the benefit of the Bondholders and 
to perform its or their duties under the Act, the Loan 
Agreement and this Ordinance ; 



490 ORDINANCES Ord. No. 620 

(b) bring suit upon the Bonds ; 

(c) by action or suit in equity require the City to ac- 
count as if it were the trustee of an express trust for the 
Bondholders ; or 

(d) by action or suit in equity enjoin any acts or 
things which may be unlawful or in violation of the rights 
of the Bondholders. 

SECTION 10.04. In case any proceeding taken by the 
Trustee on account of any default shall have been discon- 
tinued or abandoned for any reason, or shall have been 
determined adversely to the Trustee^ then ^and in every case 
the City, the Trustee and the Bondholders shall be restored 
to their former positions and rights hereunder, respectively, 
and all rights, remedies and powers of the Trustee shall 
continue as though no such proceeding had been taken. 

SECTION 10.05. Anything in this Ordinance to the 
contrary notwithstanding, the holders of a majority in 
principal amount of the bonds then outstanding hereunder 
shall have the right, by an instrument in writing executed 
and delivered to the Trustee, to direct the method and 
place of conducting all remedial proceedings to be taken 
by the Trustee hereunder. 

SECTION 10.06. No holder of any of the Bonds shall 
have any right to institute any suit, action or proceeding 
in equity or at law for the execution of any trust here- 
under, or any other remedy hereunder or on said Bonds, 
unless such holder previously shall have given to the 
Trustee written notice of an Event of Default as herein- 
above provided and unless also the holders of not less than 
twenty-five per cent (25%) in principal amount of the 
Bonds then outstanding shall have made written request 
of the Trustee so to do, after the right to exercise such 
powers or rights of action, as the case may be, shall have 
accrued, and shall have afforded the Trustee a reasonable 
opportunity either to proceed to exercise the powers here- 
inabove granted, or to institute such action, suit or pro- 
ceeding in its or their name; nor unless there also shall 
have been offered to the Trustee security and indemnity 
satisfactory to it against the costs, expenses and liabilities 



ORDINANCES 491 

to be incurred therein or thereby, and the Trustee shall 
not have complied with such request within a reasonable 
time; and such notification, request and offer of indemnity 
are hereby declared in every such case, at the option of 
the Trustee, to be conditions precedent to the execution of 
the trusts of this Ordinance or for any other remedy here- 
under; it being understood ^and intended that no one or 
more holders of the Bonds hereby secured shall have any 
right in any manner whatever by his or their action to 
affect, disturb or prejudice the security of this Ordinance, 
or to enforce any right hereunder or under the Bonds ex- 
cept in the manner herein provided, and that all proceed- 
ings at law or in equity slvall be instituted, had and main- 
tained in the manner herein provided and for the equal 
benefit of all holders of outstanding Bonds and coupons. 
Nothing in this Ordinance contained, shall, however, affect 
or impair the right of any holder of Bonds or coupons to 
enforce the payment of the principal of, and interest on, 
any Bond at and after the maturity thereof, or the obliga- 
tion of the City to pay the principal of and interest and 
premium, if any, on each of the Bonds issued hereunder 
to the respective holders of the Bonds or coupons at the 
time, place, from the source and in the manner herein and 
in said Bonds and the appurtenant coupons expressed. 

SECTION 10.07. All rights of action under this Ordi- 
nance or under any of the Bonds secured hereby which 
are enforceable by the Trustee may be enforced by it with- 
out the possession of any of the Bonds or coupons there- 
unto appertaining, or the production thereof on the trial 
or other proceedings relative thereto, and any such suit, 
action or proceeding instituted by the Trustee shall be 
brought in its name for the equal and ratable benefit of 
the holders of the Bonds and coupons, subject to the provi- 
sions of this Ordinance. 

SECTION 10.08. No remedy herein conferred upon or 
reserved to the Trustee or to the holders of the Bonds is 
intended to be exclusive of any other remedy or remedies, 
and each and every such remedy shall be cumulative, and 
shall be in addition to every other remedy given hereunder 
or now or hereafter existing at law or in equity or by 
statute. 



492 ORDINANCES Ord. No. 620 

SECTION 10.09. No delay or omission of the Trustee 
or of any holder of the Bonds to exercise any right or 
power accruing upon any default sh^ll impair any such 
right or power or shall be construed to be a waiver of any 
such default, or an acquiescence therein; and every power 
and remedy given by this Article to the Trustee and to 
the holders of the Bonds, respectively, may be exercised 
from time to time and as often as may be deemed ex- 
pedient. 

SECTION 10.10. Any moneys received by the Trustee 
or by any receiver pursuant to this Article X shall be 
applied as follows : 

(a) Unless the principal of all the Bonds shall have 
become or shall have been declared due and payable, all 
such moneys shall be applied to the payment to the persons 
entitled thereto of all installments of interest then due on 
the Bonds, with interest on overdue installments, if law- 
ful, at the rate per annum which is one percentage point 
greater th.an the rate borne by the Bonds, in the order of 
the maturity of the installments of such interest and, if 
the amount available shall not be sufficient to pay in full 
any particular installment with such interest, then to the 
payment ratably, according to the amounts due on such 
installment, to the persons entitled thereto, without any 
discrimination or privilege. 

(b) If the principal of all the Bonds shall have become 
or shall have been declared due and payable, all such moneys 
shall be applied to the payment of the principal and inter- 
est then due and unpaid upon the Bonds, with interest on 
overdue interest and principal, as aforesaid, without pref- 
erence or priority of principal over interest or of interest 
over principal, or of any installment of interest over any 
other installment of interest, or of any Bond over any 
other Bond, ratably, according to the amounts due respec- 
tively for principal and interest, to the persons entitled 
thereto without any discrimination or privilege. 

(c) If the principal of all the Bonds shall have been 
declared due and payable, and if such declaration sh^ll 
thereafter have been rescinded and annulled under the pro- 
visions of this Article, then, subject to the provisions of 



OEDINANCES 493 

paragraph (b) of this Section which shall be applic;able 
in the event that the principal of all the Bonds shall later 
become due or be declared due and payable, the moneys 
shall be applied in ;accordance with the provisions of para- 
graph (a) of this Section. 

Whenever moneys are to be applied pursuant to the pro- 
visions of this Section, such moneys shall be applied at 
such times, and from time to time, as the Trustee shall 
determine, having due regard to the amount of such moneys 
available for application and the likelihood of additional 
moneys becoming available for such application in the 
future. Whenever the Trustee shall apply such funds, it 
shall fix the date (which shall be an interest payment date 
unless it shall deem another date more suitable) upon which 
such application is to be made and upon such date interest on 
the amounts of principal and interest to be paid on such 
dates shall cease to accrue. The Trustee shall give such 
notice by publication or mailing as it may deem appro- 
priate of the deposit with it of any such moneys and of 
the fixing of any such date, and shall not be required to 
make payment to the holder of any unpaid coupon or 
any Bond until such coupon or such Bond shall be presented 
to the Trustee for appropriate endorsement or for cancel- 
lation if fully paid. 

SECTION 10.11. It is the purpose and intention of this 
Article to provide rights and remedies to the Trustee and 
Bondholders which may be lawfully granted under the pro- 
visions of the Act, but should any right or remedy herein 
granted be held to be unlawful, the Trustee, and the Bond- 
holders shall be entitled, as above set forth, to every other 
right and remedy provided in this Ordinance and by law. 

ARTICLE XI 

CONCERNING THE TRUSTEE 

SECTION 11.01. By executing the certificate of au- 
thentication endorsed upon the Bonds, the Trustee shall 
signify its acceptance and agree to execute the trusts hereby 
created, but only upon the additional terms set forth in 
this Article, to all of which the City agrees and the re- 
spective holders of the Bonds agree upon and by their 
acceptance of delivery of any of the Bonds. 



494 ORDINANCES Ord. No. 620 

SECTION 11.02. The recitals, statements and repre- 
sentations in this Ordinance or in the Bonds contained, 
save only the Trustee's authentication upon the Bonds, shall 
be taken and construed as made by and on the part of 
the City, and not by the Trustee, and the Trustee does 
not assume, and shall not have, any responsibility or 
obligation for the correctness of any thereof. 

SECTION 11.03. The Trustee may execute any of the 
trusts or powers hereof and perform the duties required 
of it hereunder by or through attorneys, agents, receivers, 
or employees, and shall be entitled to advice of counsel 
concerning all matters of trust and its duty hereunder, and 
the Trustee shall NOT be answerable for the default or mis- 
conduct of any such attorney, agent, or employee selected by 
it with reasonable care. The Trustee shall not be answer- 
able for the exercise of any discretion or power under this 
Ordinance or for .anything whatever in connection with the 
trust, except only for its own wilful misconduct or negli- 
gence. 

SECTION 11.04. The Trustee shall be entitled to pay- 
ment and/or reimbursement for reasonable fees for its 
Ordinary Services rendered hereunder, and all advances, 
counsel fees and other Ordinary Expenses reasonably and 
necessarily made or incurred by the Trustee in connection 
with such Ordinary Services and, in the event that it 
should become necessary that the Trustee perform Extra- 
ordinary Services, it shall be entitled to reasonable extra 
compensation therefor, and to reimbursement for reason- 
able and necessary Extraordinary Expenses in connection 
therewith; provided, that if such Extraordinary Services 
or Extraordinary Expenses are occasioned by the neglect 
or misconduct of the Trustee, it shall not be entitled to 
com.pensation or reimbursement therefor. The Trustee shall 
have a lien with right of payment prior to payment on 
account of interest or principal of any Bond for the fore- 
going advances, fees, costs and expenses incurred. 

SECTION 11.05. The Trustee shall not be required to 
take notice, or to be deemed to have notice, of any default 
under this Ordinance other than a default under Section 
10.01(a) or Section 10.01(b) hereof, unless specifically 



ORDINANCES 495 

notified in writing of such default by the holders of at 
le^st twenty-five per cent (25%) in principal amount of 
the Bonds then outstanding. The Trustee may, however, 
at any time, in its discretion, require of the City full in- 
formation and advice as to the performance of any of the 
covenants, conditions and agreements contained herein. 

SECTION 11.06. The Trustee shall be under no obliga- 
tion to take any action in respect of any default or 
otherwise, or toward the execution or enforcement of any 
of the trusts hereby created, or to institute, appear in or 
defend any -suit or other proceeding in connection there- 
with, unless requested in writing so to do by holders of 
at least twenty -five per cent (25%) in principal amount of 
the Bonds then outstanding, and if in its opinion such 
action may tend to involve it in expense or liability, un- 
less furnished, from time to time as often as it may re- 
quire, with security and indemnity satisfactory to it; but 
the foregoing provisions are intended only for the protec- 
tion of the Trustee, and shall not affect any discretion or 
power given by any provisions of this Ordinance to the 
Trustee to take action in respect of any default without 
such notice or request from the Bondholders, or without 
such security or indemnity. 

SECTION 11.07. If the City shall fail to perform any 
of the covenants or agreements contained in this Ordi- 
nance other than the covenants or agreements in respect 
of the payment of the principal of, redemption premium 
(if any), and interest on, the Bonds, the Trustee may, in 
its uncontrolled discretion and without notice to the Bond- 
holders, at any time and from time to time, make advances 
to effect performance of the same in behalf of the City, 
but the Trustee shall be under no obligation so to do ; and 
any and all moneys paid or advanced by the Trustee for 
any such purpose, together with interest thereon at one 
percentage point greater th^n the rate of interest on the 
Bonds, shall be a claim in favor of the Trustee upon the 
Receipts and Revenues of the City from the Loan prior to 
the claim of the Bonds; but no such advance shall oper- 
ate to relieve the City from any default hereunder. 

SECTION 11.08. The Trustee shall be protected and 
shall incur no liability in acting or proceeding in good 



496 ORDINANCES Ord. No. 620 

faith upon any resolution, notice, telegram, request, con- 
sent, waiver, certificate, statement, affidavit, voucher, bond, 
requisition or other paper or document v^hich it shall in 
good faith believe to be genuine and to have been passed 
or signed by the proper board, body or person or to have 
been prepared and furnished pursuant to any of the pro- 
visions of this Ordinance or the Loan Agreement, and the 
Trustee shall be under no duty to make any investigation 
or inquiry as to any statements contained or matters re- 
ferred to in any such instrument, but may accept and rely 
upon the same as conclusive evidence of the truth and ac- 
curacy of such statements. The Trustee shall not be bound 
to recognize any person as a holder of any Bond or coupon 
or to take any action at his request unless such Bond or 
coupon shall be deposited with the Trustee or satisfactory 
evidence of the ownership of such Bond or coupon shall be 
furnished to the Trustee. 

SECTION 11.09. The Trustee may in good faith buy, 
sell, own, hold and deal in any of the Bonds or coupons 
issued hereunder and secured by this Ordinance, and may 
join in any action which any Bondholder may be entitled 
to take with like effect as if the Trustee were not a party 
to this Ordinance. The Trustee, either as principal or 
agent, may also engage in or be interested in any financial 
or other transaction with the City or the Industry, and 
may act as depository, trustee, or agent for any committee 
or body of holders of the Bonds secured hereby or other 
obligations of the City as freely as if it w^ere not Trustee 
hereunder. 

SECTION 11.10. The Trustee may allow and credit 
interest upon any moneys which it may at any time re- 
ceive under any of the provisions of this Ordinance, at 
such rate, if any, as it customarily allows upon similar 
funds of similar size and under similar conditions. All in- 
terest allowed on any such moneys shall be credited as pro- 
vided in Article VII with respect to interest on invest- 
ments. 

SECTION 11.11. The Trustee may construe any of the 
provisions of this Ordinance insofar as the same may ap- 
pear to be ambiguous or inconsistent with any other pro- 
vision thereof, and any construction of any such provi- 



1 



ORDINANCES 497 

sions hereof by the Trustee acting for the Bondholders in 
good faith shall be binding upon the Bondholders. 

SECTION 11.12. The Trustee may resign and be dis- 
charged of the trusts created by this Ordinance by execut- 
ing an instrument in writing resigning such trust and 
specifying the date when such resignation shall take effect, 
and filing the same with the Deputy City Treasurer not 
less than sixty (60) days before the date specified in such 
instrument when such resignation shall t^ke efl^ect, and by 
giving notice of such resignation by publication at least 
once a week for two consecutive weeks in a newspaper 
carrying fiitancial news published at least weekly in the 
English, language and of general circulation in the City 
of New York, New York, the first publication of said notice 
to appear not less than three weeks prior to the date 
specified in such notice when such resignation shall take 
effect. Such resignation shall take effect on the day speci- 
fied in such instrument and notice, unless previously 3 
successor trustee shall be appointed as hereinafter provided, 
in which event such resignation shall take effect immedi- 
ately on the appointment of such successor trustee. 

SECTION 11.13. The Trustee may be removed at any 
time by an instrument in writing, appointing a successor, 
filed with the Trustee so removed and executed by the 
holders of a majority in principal amount of the Bonds 
then outstanding. 

SECTION 11.14. In case at any time the Trustee shall 
resign, or shall be removed, or be dissolved, or if its prop- 
erty or affairs shall be taken under the control of any state 
or federal court or administrative body because of in- 
solvency or bankruptcy, or for any other reason, a va- 
cancy shall forthwith and ipso facto exist in the office of 
Trustee and a successor may be appointed by the holders 
of a majority in principal amount of the Bonds then out- 
standing, by an instrument or instruments in writing filed 
with the Deputy City Treasurer, signed by such Bond- 
holders or by their attorneys-in-fact duly authorized. Copies 
of each instrument shall be promptly delivered by the City 
to the predecessor Trustee and to the Trustee so appointed. 



498 ORDINANCES Ord. No. 620 

Until a successor Trustee shall be appointed by the 
Bondholders as herein authorized, the City, by an instru- 
ment authorized by resolution of the Commissioners of 
Finance, may appoint a Trustee to fill such vacancy. After 
any appointment by the City, it shall cause notice of such 
appointment to be published once in each of two consecu- 
tive weeks in a newspaper carrying financial news pub- 
lished at least weekly in the English language and of gen- 
eral circulation in the City of New York, New York. Any 
new Trustee so apponnted by the City shall immediately 
and without further act be superseded by a Trustee ap- 
pointed by the Bondholders in the manner above provided. 

SECTION 11.15. Every successor in the trust here- 
under appointed in pursuance of the foregoing provision 
shall be a trust company, a bank and trust company or a 
national bank with trust powers, having a combined capital 
and surplus of at least One Million Five Hundred Thousand 
Dollars ($1,500,000) if there be such a trust company, bank 
and trust company or national bank willing and able to 
accept the trust on reasonable and customary tenns. 

SECTION 11.16. In case at any time the Trustee shall 
resign and no appointment of a successor Trustee shall 
be made pursuant to the foregoing provisions of this 
Article prior to the date specified in the notice of resigna- 
tion as the date when such resignation shall take effect, 
the retiring Trustee may forthwith apply to a court of 
competent jurisdiction for the appointment of a successor 
Trustee. If no appointment of a successor Trustee shall be 
made pursuant to the foregoing provisions of this Article 
within six months after a vacancy shall have occurred in 
the office of Trustee, the holder of any Bond may apply 
to any court of competent jurisdiction to appoint a succes- 
sor Trustee. Such court may thereupon, after such notice, 
if any, as it may deem proper and prescribe, appoint a 
successor Trustee. 

SECTION 11.17. Any successor Trustee appointed here- 
under shall execute, acknowledge and deliver to the City 
an instrument accepting such appointment hereunder, and 
thereupon such successor Trustee, without any further act, 
deed or conveyance, shall become duly vested with all the 



ORDINANCES 499 

estates, property, rights, powers, trusts, duties and obliga- 
tions of its predecessor in the trust hereunder, with like 
effect as if originally named Trustee herein. Upon request 
of such successor Trustee, the Trustee ceasing to act and 
the City shall execute and deliver an instrument trans- 
ferring to such successor Trustee all the estates, property, 
rights, powers and trusts hereunder of the Trustee so 
ceasing to act, and the Trustee so ceasing to act shall pay 
over to the successor Trustee all moneys and other assets 
at the time held by it hereunder. 

SECTION ^11.18. Any corporation into which any 
Trustee hereunder may be merged or with which it may 
be consolidated, or any corporation resulting from any 
merger or consolidation to which any Trustee hereunder 
shall be a party, or any corporation which by purchase or 
otherwise acquires the trust operation of any Trustee here- 
under, shall be the successor Trustee under this Ordinance, 
without the execution or filing of any paper or any further 
act on the part of the parties hereto, anything herein to 
the contrary notwithstanding. 

SECTION 11.19. Notwithstanding any other provisions 
of this Article XI, the Trustee shall, during the existence 
of an Event of Default known to the Trustee, exercise 
such of the rights and powers vested in it by this Ordi- 
nance and use the same degree of skill and care in their 
exercise as a prudent man would use and exercise under 
the circumstances in the conduct of his own affairs. 

SECTION 11.20. Upon the occurrence of an Event of 
Default known to the Trustee, the Trustee shall within 30 
days give written notice thereof by mail to each registered 
holder of Bonds then outstanding at his last address ap- 
pearing upon the Bond registry books of the City kept by 
the Treasurer, unless such Event of Default shall have been 
cured before the giving of such notice. 

SECTION 11.21. In any judicial proceeding to which 
the City is a party and which in the opinion of the 
Trustee and its counsel has a substantial bearing on the 
interests of holders of the Bonds, the Ti'ustee may inter- 



500 ORDINANCES Ord. No. 620 

vene on behalf of the holders of the Bonds and shall, upon 
receipt of indemnity satisfactory to it, do so if requested 
in writing by the holders of at least twenty-five per cent 
(25%) in principal amount of Bonds then outstanding if 
permitted by the court having jurisdiction in the premises. 

ARTICLE XII 

EXECUTION OF INSTRUMENTS BY 

BONDHOLDERS AND PROOF OF 

OWNERSHIP OF BONDS 

SECTION 12.01. Any request, direction, consent or 
other instrument in writing required or permitted by this 
Ordinance to be signed or executed by Bondholders may 
be in any number of concurrent instruments of similar 
tenor and may be signed or erecuted by such Bondholders 
in person or by agent appointed by an instrument in 
writing. Proof of the execution of any such instrument 
and of the ownership of Bonds shall be sufficient for any 
purpose of this Ordinance and shall be conclusive in favor 
of the Trustee with regard to any action taken by it under 
such instrument if made in the following manner : 

(A) The fact and date of the execution by any person 
of any such instrument may be proved by the certificate 
of any officer in any jurisdiction who, by the laws thereof, 
has power to take acknowledgments within such jurisdic- 
tion, to the effect that l^e person signing such instrument 
acknowledged before him the execution thereof, or by an 
affidavit of a witness to such execution. 

(b) The fact of the holding of Bonds hereunder by 
any Bondholder and the numbers of such Bonds and the 
date of his holding the same (unless such Bonds be regis- 
tered as to principal) may be proved by the affidavit of 
the person claiming to be such holder, if such affidavit 
shall be deemed by the Trustee to be satisfactory, or by 
a certificate executed by any trust company, bank, banker 
or member of the National Association of Securities Deal- 
ers or any other depository, wherever situated, if such 
certificate shall be deemed by the Trustee to be satisfac- 
tory, showing that at the date therein mentioned such per- 
son had on deposit with such trust company, bank, banker 



ORDINANCES 501 

or other depository the Bonds described in such certificate. 
The Trustee may conclusively assume that such ownership 
continues until written notice to the contrary is served 
upon the Trustee. The ownership of Bonds registered as 
to principal shall be proved in accordance with the provi- 
sions of Section 8.10 of this Ordinance. 

Nothing contained in this Article shall be construed as 
limiting the Trustee to such proof, it being intended that 
the Trustee may accept any other evidence of the matters 
herein stated which to it may seem sufficient. Any request 
or consent of" the holder of any Bond shall bind every 
future holder of the same Bond in respect of anything 
done by the Trustee in pursuance of such request or con- 
sent. 

ARTICLE XIII 

MODIFICATION OF THIS ORDINANCE 
AND THE LOAN AGREEMENT 

SECTION 13.01. This Ordinance shall not be modified 
or amended in any respect except as provided in and in 
accordance with and subject to the provisions of this 
Article. 

SECTION 13.02. 1. The City may, from time to time 
and at any time, without the consent of Bondholders, 
adopt ordinances supplemental to this Ordinance as fol- 
lows : 

(a) To specify and determine any matters and things 
relative to Bonds which are not contrary to or inconsistent 
with this Ordinance and which shall not adversely affect 
the interest of the Bondholders; or 

(b) To cure any formal defect, omission or ambiguity 
in this Ordinance if such action does not adversely affect 
the rights of the Bondholders; or 

ic) To grant to or confer upon the Trustee for the 
benefit of the Bondholders any additional rights, remedies, 
powers, authority or security which may lawfully be 
granted or conferred and which are not contrary to or 
inconsistent with this Ordinance as heretofore in effect; 
or 



502 ORDINANCES Ord. No. 620 

(d) To add to tlie covenants and agreements of the 
City in this Ordinance, other covenants and agreements to 
be observed by the City which are not contrary to or in- 
consistent with this Ordinance as theretofore in effect; or 

(e) To add to the limitations and restrictions in this 
Ordinance, other limitations and restrictions to be observed 
by the City which are not contrary to or inconsistent with 
this Ordinance as theretofore in effect ; or 

(f) To confirm, as further assurance, any pledge under, 
and the subjection to any claim, lien or pledge created or 
to be created by, the Ordinance, of the Receipts and Reve- 
nues of the City from the Loan or of any other monej^s, 
securities or funds. 

2. Before the City shall adopt any supplemental ordi- 
nance pursuant to this Section, there shall have been filed 
with the Trustee an opinion of counsel stating that such 
supplemental ordinance is authorized or permitted by this 
Ordinance and complies with its terms, and that upon en- 
actment it will be valid and binding upon the City in 
accordance with its terms. 

SECTION 13.03. 1. Subject to the terms and provisions 
contained in this Section and not otherwise, the holders 
of not less than 66%% in aggregate principal amount of 
the Bonds then outstanding shall have the right from time 
to time, to consent to and approve the adoption by the 
Cit}' of any supplemental ordinance as shall be deemed 
necessary or desirable by the City for the purposes of 
modifying, altering, amending, adding to or rescinding, in 
any particular, any of the terms or provisions contained 
in this Ordinance; provided, however, that, unless ap- 
proved in writing by all the holders of outstanding Bonds, 
nothing herein contained shall permit, or be construed as 
permitting, (i) a change in the terms of redemption or 
maturity of the principal of or the interest on any out- 
standing Bond, or a reduction in the principal amount or 
redemption price of any outstanding Bond or the rate of 
interest thereon, or (ii) the creation of a claim or lien 
upon, or a pledge of, the Receipts and Revenues of the 
City from the Loan ranking prior to or on a parity with 
the claim, lien or pledge created by this Ordinance, or 



ORDINANCES 503 

(iii) a preference or priority of any Bond or Bonds over 
any other Bond or Bonds, or (iv) a reduction in the 
aggregate principal amount of the Bonds required for 
consent to such supplemental ordinance. 

2. If at any time the City shall determine to adopt 
any supplemental ordinance for any of the purposes of this 
Section, if coupon Bonds are then outstanding, it shall 
cause notice of the proposed supplemental ordinance to be 
published at least once a week for two successive weeks in 
a newspaper carrying financial news published at least 
weekly in the English language and of general circulation 
in the City of New York, New York. It shall also cause 
a similar notice to be mailed, postage prepaid, to all hold- 
ers of Bonds registered as to principal and to all Bond- 
holders who shall have filed their names and addresses 
with the Trustee for such purpose. Such notice shall briefly 
set forth the nature of the proposed supplemental ordi- 
nance and shall state that a copy thereof is on file at 
the office of the Trustee for inspection by all Bondholders. 

3. Within 120 days after the date of the first publica- 
tion of such notice, the City may enact (the date of enact- 
ment shall be the date of passage and not the effective 
date) sucli supplemental ordinance in substantially the 
form described in such notice only if there shall have first 
been filed with the City (a) the written consents of holders 
of not less than 66%% in aggregate principal amount of 
the Bonds then outstanding and (b) an opinion of counsel 
stating that such supplemental ordinance is authorized or 
permitted by this Ordinance and complies with its terms, 
and that upon enactment it will be valid and binding upon 
the City in accordance with its terms. 

4. If the holders of not less than the percentage of 
Bonds required by this Section shall have consented to and 
approved the enactment thereof as herein provided, no 
holder of any Bond shall have any right to object to the 
enactment of such supplemental ordinance, or to object to 
any of the terms and provisions contained therein or the 
operation thereof, or in any manner to question the pro- 
priety of the enactment thereof, or to enjoin or restrain the 
City from enacting the same or from taking any action 
pursuant to the provisions thereof. 



504 ORDINANCES Ord. No. 620 

5. Upon the adoption of any supplemental ordinance 
pursuant to the provisions of this Section, this Ordinance 
shall be, and be deemed to be, modified and amended in 
accordance therewith, and the respective rights, duties and 
obligations under this Ordinance of the City, the Trustee 
and all holders of Bonds then outstanding shall thereafter 
be determined, exercised and enforced under this Ordi- 
nance subject in all respects to such modifications and 
amendments. 

SECTION 13.04. Any supplemental ordinance adopted 
in accordance with the provisions of this Article shall 
thereafter fomi a part of this Ordinance and all the terms 
and conditions contained in any such supplemental ordi- 
nance as to any provision authorized to be contained 
therein shall be and shall be deemed to be part of the 
terms and conditions of this Ordinance for any and all 
such purposes. 

SECTION 13.05. Anything herein to the contrary not- 
withstanding, any supplemental ordinance under this 
Article which aflfects the Loan Agreement or requires a 
revision of the Loan Agreement shall not become effective 
unless and until the Industry shall have consented to such 
supplemental ordinance. 

SECTION 13.06. The City and the Trustee may with- 
out the consent of or notice to the Bondholders consent to 
any amendment, change or modification of the Loan Agree- 
ment as may be required (i) by the provisions of the Loan 
Agreement and this Ordinance, (ii) in connection with 
the issuance of Additional Bonds as provided in Section 
2.09 hereof, or any refunding Bonds as provided in Section 
2.11 hereof (iii) for the purpose of curing any ambiguity 
or formal defect or omission, or (iv) in connection with 
any other change therein which, in the judgment of the 
Trustee, is not to the prejudice of the Trustee, or ma- 
terially adverse to the holders of the Bonds. 

SECTION 13.07. Except as provided in Section 13.06 
of this Ordinance, the City and the Trustee shall not con- 
sent to any amendment, change or modification of the Loan 
Agreement without publication of notice ^nd the written 
approval or consent of the holders of not less than 66%% 
in aggregate principal amount of the Bonds at the time 



ORDINANCES 505 

outstanding given and procured as in Section 13.03 pro- 
vided. If at any time the City and the Industry shall re- 
quest the consent of the Trustee to ;any such proposed 
amendment, change or modification, the Trustee shall 
cause notice of such proposed amendment, change or 
modification to be published in the same manner as provided 
by Section 13.03 with respect to supplemental ordinances. 
Such notice shall briefly set forth the nature of such pro- 
posed amendment, change or modification and shall state 
that copies of the instrument embodying the same are on 
file at the principal office of the Trustee for inspection by 
all Bondholders. 

ARTICLE XIV 

MISCELLANEOUS 

SECTION 14.01. In the event of the dissolution of the 
City, all the covenants, stipulations, promises and agree- 
ments in this Ordinance contained, by or on behalf of, 
or for the benefit of, the City, shall bind or inure to the 
benefit of the successors of the City from time to time 
and any entity, officer, board, commission, agency or in- 
strumentality to whom or to which any power or duty of 
the City shall be transferred. 

SECTION 14.02. Except as herein otherwise specifical- 
ly provided, nothing in this Ordinance expressed or im- 
plied is intended or shall be construed to confer upon any 
person, firm or corporation other than the City and the 
Trustee and the holders of the Bonds and coupons issued 
hereunder, any right, remedy or claim under or by reason 
of this Ordinance, this Ordinance being intended to be for 
the sole and exclusive benefit of the City and the Trustee 
and the holder of the Bonds and coupons issued hereunder. 

SECTION 14.03. In case any one or more of the provi- 
sions of this Ordinance or of the Loan Agreement or of 
the Bonds or coupons issued hereunder shall, for any rea- 
son, be held to be illegal or invalid, such illegality or in- 
validity shall not affect any other provisions of this Ordi- 
nance or of the Loan Agreement or of said Bonds or 
coupons, and this Ordinance and the Loan Agreement and 
the Bonds or coupons shall be construed and enforced as 
if such illegal or invalid provisions had not been contained 
therein. 



50G ORDINANCES Ord. No. 620 

SECTION 14.04. No covenant or agreement contained in 
the Bonds or coupons or in this Ordinance sh^ll be deemed 
to be the covenant or agreement of any official, officer, 
agent, or employee of the City in his individual capacity, 
and neither the members of the City Council nor any of- 
ficial executing the Bonds shall be liable personally on the 
Bonds or coupons or be subject to any personal liability 
or accountability by reason of the issuance thereof. 

SECTION 14.05. The laws of the State of Maryland 
shall govern the construction of this Ordinance and of all 
Bonds and coupons issued hereunder. 

ARTICLE XV 

FORMS OF BONDS, COUPONS, TRUSTEE^S 
AUTHENTICATION CERTIFICATE AND 
LOAN AGREEMENT 

SECTION 15.01. Subject to the provisions of this 
Ordinance and ^ny ordinance supplemental hereto adopted 
in accordance with Article XIII hereof, the coupon Bonds, 
the coupons for interest to be attached thereto, the nota- 
tion for registration to be printed thereon, the registered 
Bonds, the certificate of authentication to be executed 
thereon by the Trustee and the Loan Agreement to be 
executed by the City and the Industry are to be in sub- 
stantially the following forms, with necessary or appro- 
priate variations, omissions and insertions as permitted or 
required by this Ordinance. 

(FORM OF COUPON BOND) 
No. $5,000 

United States of America 

State of Maryland 

City of Baltimore 

....% Pollution Control Revenue Bond 

(W. R. Grace & Co. Project) 

1974 Series 

Mayor and City Council of Baltimore (the City), a 
political subdivision and a body corporate and politic 



ORDINANCES 507 

created and existing under the Constitution and laws of 
the State of Maryland, for value received, hereby promises 
to pay (but only out of the ^'Receipts ^nd Revenues of the 
City from the Loan" as herein defined) to the bearer or, 
if this bond be registered, to the registered owner hereof, 

on , or earlier as herein referred to, upon the 

presentation and surrender hereof, the principal sum of 
Five Thousand Dollars ($5,000) and to pay interest 
thereon (but only out of the "Receipts and Revenues of 
the City from the Loan" as herein defined) from the date 
hereof until maturity or, if this bond shall have been duly 
called for earlfer redemption and payment of the redemp- 
tion price shall have been made or provided for, until the 
date fixed for the redemption hereof, at the rate of .... per 
centum (....%) per annum, payable semiannually on the 

first days of and in each year, 

commencing , upon presentation and surrender 

of the appropriate coupons hereto attached as they severally 
mature. Both principal and interest on this bond are pay- 
able at the principal oflftce of (the Trustee), 

or of its successor as Trustee, in any coin or currency of 
the United States of America which, at the respective times 
of payment, is legal tender for the payment of public and 
private debts. 

This bond is one of a duly authorized issue of revenue 
bonds of the City, not exceeding One Million Five Hun- 
dred Thousand Dollars ($1,500,000) in principal amount, 
and issued under and pursuant to the Constitution and 
laws of the State of Maryland particularly Sections 266A 
to 266-1, inclusive, of Article 41 of the Annotated Code 
of Maryland (1971 Replacement Volume and 1973 Cumula- 
tive Supplement), ^nd under and pursuant to Ordinance 

No of Mayor and City Council of Baltimore approved 

1974 (the Ordinance), for the purpose of fi- 
nancing the acquisition by W. R. Grace & Co., a Connecticut 
corporation (the Industry) of certain pollution control 
facilities (the Pollution Control Facilities) at the Balti- 
more Plant of the Industry in the City of Baltimore. 

The bonds ^re equally and ratably secured, to the extent 
provided in the Ordinance, by the pledge thereunder of 
the *'Bond Fund", which term is used herein as defined 
in the Ordinance, and the "Receipts and Revenues of the 



508 ORDINANCES Ord. No. 620 

City from the Loan" which term is used herein as de- 
fined in the Ordinance, and which as therein defined in- 
cludes all the payments (with certain specified exceptions) 
payable by the Industry to the City under the Loan Agree- 
ment between the City and the Industry dated as of 

(the Loan Agreement) and all other revenues of the City 
attributable to the financing of the Pollution Control 
Facilities. 

As more fully provided in the Ordinance, the bonds do 
not constitute an indebtness or obligation to which the full 
faith and credit of the City are pledged, but are limited 
obligations of the City, which is obligated to pay the 
principal of, the interest on, and the redemption pre- 
mium (if any), and additional interest (if any), on, the 
bonds only out of the Receipts and Revenues of the City 
from the Loan. The bonds may also be paid out of any 
other moneys made available to the City or the Trustee 
for the payment thereof. The principal of, the interest on, 
or the redemption premium (if any), and the additional 
interest (if any), on, this bond does not, and shall not ever 
constitute an indebtedness or a charge against the general 
credit or taxing powers of the State of Maryland or the 
City or any other political subdivision of such State within 
the meaning of any constitutional or charter provision or 
statutory limitation and shall not constitute or give rise to 
any pecuniary liability of the City. 

Reference is hereby made to the Ordinance for a full and 
complete statement of the provisions with respect to the 
custody and application of the proceeds of the bonds, the 
collection and disposition of the Receipts and Revenues of 
the City from the Loan pledged as security for the pay- 
ment of the bonds and the interest thereon, the nature and 
extent of the security and the rights of the holders of the 
bonds and coupons in respect thereto, the terms and condi- 
tions on which, and the purposes for which, the bonds are 
issued and the rights, duties and obligations of the City 
and the Trustee thereunder, to all of which the holder 
hereof, by acceptance of this bond, assents. 

As provided in the Ordinance bonds of other series rank- 
ing on a parity with the bonds of the series of which this 
bond is one may be issued, and such additional bonds may 



ORDINANCES 509 

vary in such manner as is provided and permitted in the 
Ordinance. 

This bond is negotiable and shall pass by delivery, except 
when registered as to principal other than to bearer. This 
bond may be registered as to principal in the name of the 
owner of the registration books of the City in the principal 
office of the City Treasurer as Bond Registrar, upon pres- 
entation hereof at such office and the notation of such 
registration endorsed hereon by the Bond Registrar, and 
upon payment of any tax or other governmental charge 
required to be^paid with respect to such registration, and 
this bond may thereafter be transferred only on such 
books, at the written request of the registered owner or his 
duly authorized attorney, and evidence of such transfer 
shall be in like manner endorsed hereon; but this bond 
may be discharged from registration by being in like 
manner transferred to bearer, after which it shall again 
become transferable by delivery; and this bond may again 
and from time to time be registered or discharged from 
registration in the same manner. Registration of this bond 
shall not affect the negotiability of the coupons hereto at- 
tached, which shall continue to pass by delivery and shall 
remain payable to bearer. 

The bonds are issuable in the form of coupon bonds, 
registrable as to principal only in the denomination of 
$5,000 each, and in the form of registered bonds without 
coupons in the denomination of $5,000 each or any multiple 
thereof not exceeding the aggregate principal amount of 
lx)nds maturing in any one year. 

The coupon bonds, upon surrender thereof at the princi- 
pal office of the City Treasurer with all unmatured coupons, 
may, at the option of the holder thereof, be exchanged for 
an equal aggregate principal amount of registered Bonds 
without coupons of the same maturity and interest rate of 
any of the authorized denominations, upon payment of any 
tax or other governmental charge required to be paid with 
respect to such exchange, and in the manner and subject 
to the conditions provided in the Ordinance. In like manner, 
upon payment of any required tax or other governmental 
charge and subject to such conditions, registered bonds 
without coupons, upon the surrender thereof at the prin- 



510 ORDINANCES OrcL No. 620 

cipal office of the City Treasurer with a written instru- 
ment of transfer satisfactory to the City Treasurer, duly 
executed by the registered owner or his duly authorized 
attorney, may, at the option of the registered owner there- 
of, be exchanged for an equal aggregate principal amount 
of coupon Bonds of the same maturity and interest rate 
with appropriate coupons attached, or of registered Bonds 
without coupons of the same maturity and interest rate 
of any other authorized denominations. 

(REDEMPTION PROVISIONS TO BE INSERTED 
HERE WHEN ADOPTED BY RESOLUTION OF THE 
COMMISSIONERS OF FINANCE) 

(SCHEDULE TO BE INSERTED HERE WHEN 
ADOPTED BY RESOLUTION OF THE COMMIS- 
SIONERS OF FINANCE) 

In the event any of the bonds are called for redemption 
as aforesaid, notice thereof specifying the bonds to be re- 
deemed shall be given by publication not less than thirty- 
days and not more than sixty days prior to the redemption 
date in a newspaper or financial journal of general circula- 
tion published in the City of New York, New York, and 
in the case of the redemption of registered bonds, upon 
mailing a copy of the redemption notice by first class mail 
at least thirty days prior to the date fixed for redemption 
to the holder of each registered bond to be redeemed at 
the address shown on the registration books ; provided, how- 
ever, that failure to give such notice by mailing or any 
defect therein, shall not affect the validity of any proceed- 
ings for the redemption of bonds. If all of the bonds to be 
redeemed are registered bonds, notice by mailing given by 
first class mail to the holder or holders thereof, at the 
addresses shown on the registration books not less than 
thirty days prior to the date fixed for redemption as afore- 
said shall be sufficient, and published notice of the call for 
redemption need not be given, and failure duly to give 
such notice by mailing, or any defect in the notice, to the 
holder of any registered bond designated for redemption 
shall not affect the validity of the proceedings for the re- 
demption of any other bond. All bonds so called for re- 
demption will cease to bear interest on the specified re- 
demption date, provided funds for their redemption are 



ORDINANCES ^ 511 

on deposit with the Trustee, and shall no longer be pro- 
tected by the Ordinance and shall not be deemed to be 
outstanding under the provisions of the Ordinance. If, be- 
cause of the temporary or permanent suspension of the 
publication or general circulation of any newspaper or fi- 
nancial journal or for any other reason, it is impossible 
or impractical to publish such notice of call for redemption 
in the manner herein provided, then such publication in 
lieu thereof as shall be made with the approval of the